Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 22 Nov 2022

Written Answers Nos. 424-443

Social Welfare Payments

Ceisteanna (424)

Pearse Doherty

Ceist:

424. Deputy Pearse Doherty asked the Minister for Social Protection the current waiting time for each application for social welfare payments; and if she will make a statement on the matter. [57366/22]

Amharc ar fhreagra

Freagraí scríofa

My Department always seeks to ensure that claims are handled quickly and efficiently, understanding the many pressures faced by customers. I am pleased to report that claim processing is up to date, with processing targets met, or exceeded, for all the main scheme areas.

Processing times vary across schemes, depending on the differing qualification criteria. Schemes that require a high level of documentary evidence from the customer, particularly in the case of illness-related schemes, can take longer to process. Similarly, means-tested payments can also require more detailed investigations and interaction with the customer, thereby lengthening the decision-making process.

The current average processing times and targets across the schemes are outlined in the table below:

Social Welfare Scheme

Current Weeks to Award claims

Target Weeks to =Award

Carer's Allowance

5

11

Carer's Benefit

7

12

Child Benefit

2

4

Disability Allowance

7

10

Domiciliary Care Allowance

6

10

Free Travel

6

2

Household Benefits

1

4

Illness Benefit

1

1

Invalidity Pension

8

10

Jobseekers Allowance

1

6

Jobseekers Benefit

1

3

Maternity Benefit

6

By Due date

Occupational Injury Benefit

1

1

One Parent Family Payment

3

10

Paternity Benefit

6

By Commencement date

State Pension Contributory

6

By date of entitlement

State Pension Non-Contributory

6

12

Supplementary Welfare Allowance

1

1

Widows Contributory Pension

1

6

Working Family Payment

4

6

Overall, I am pleased that my Department continues to ensure that the customer service has been maintained at a high level.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (425)

Pa Daly

Ceist:

425. Deputy Pa Daly asked the Minister for Social Protection if an exceptional needs’ payment will be approved for a person (details supplied). [57400/22]

Amharc ar fhreagra

Freagraí scríofa

Applications for Exceptional Needs Payments (ENPs) are made under the Supplementary Welfare Allowance (SWA) scheme administered by Designated Persons in the Community Welfare Service in the Department.The purpose of the ENP is to assist people with essential, once-off, exceptional expenditure, which cannot be met from any other source and which a person could not reasonably be expected to meet out of their weekly income.The ENP is demand led and payments are made at the discretion of the officers administering the SWA scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.According to the records of my Department, the person concerned applied for an ENP for assistance with dental costs. The Designated Person disallowed the claim on the basis the need was not exceptional as the person should have put in place financial arrangements prior to the dental work being carried out.A decision letter issued to the person concerned advising her of the outcome of her application and affording her the option of seeking a review of the Designated Person’s decision. Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act. The person subsequently requested a review of the Designated Person’s decision. A SWA Reviewing Officer reviewed the person’s application and having considered all aspects of the case, upheld the original decision to refuse the ENP as no new information had been provided, and on the basis, there appeared to have been alternatives which were not explored by the person concerned. The person concerned was advised of the outcome in writing on 15/10/2022.I trust this clarifies the matter.

Departmental Staff

Ceisteanna (426)

Joe Flaherty

Ceist:

426. Deputy Joe Flaherty asked the Minister for Social Protection if an issue in relation to salary payments will be clarified and resolved as in the case of a person (details supplied). [57431/22]

Amharc ar fhreagra

Freagraí scríofa

The National Shared Services Office is responsible for payroll administration for all Government Departments. On 21 October 2022 the NSSO issued a communication in relation to the payment of pay increases due under the Building Momentum Public Service Agreement which stated the following:

"Phase 2 Revised rates and arrears requiring individual review: Revised rates under the terms of the circular for employees in the following categories will need to be done on an individual basis. These calculations will take time to finalise; for the revised rates to be applied on payroll and arrears for the entire period paid in full. It is envisaged that this work will be completed and all arrears paid in full by the end of quarter one 2023. The staff affected here include inter alia: - Employees that moved pay group, for example, from weekly to fortnightly on promotion, from employer A to employer B on external transfer."

I trust this clarifies the matter.

Social Welfare Benefits

Ceisteanna (427)

Jackie Cahill

Ceist:

427. Deputy Jackie Cahill asked the Minister for Social Protection if a single person who is in receipt of the disability allowance loses their right to the allowance if they get married; and if she will make a statement on the matter. [57441/22]

Amharc ar fhreagra

Freagraí scríofa

A person's marital status does not affect their entitlement to Disability Allowance.

Disability Allowance is a means tested social assistance scheme, which is also subject to a medical assessment and habitual residency requirement.

Eligibility for the scheme includes the requirement that the disability must be expected to last for at least one year, and substantially restrict a person’s ability to work.

Disability Allowance is a payment to the individual. Where a couple are married/partners, if both are eligible, both will receive a Disability Allowance payment.

Persons in receipt of Disability Allowance may be entitled to an increase for a qualified adult and qualified children. They are also entitled to a Free Travel Scheme pass and may be entitled to additional secondary benefits such as the Household Benefits Package.

Where a person makes an application for Disability Allowance, the means assessment includes:

- Income, from employment or self-employment, (and spouse/partner, if applicable), income from a social security pension from another country and maintenance payments

- Capital, all monies held in financial institutions or otherwise, the market value of shares, as well as houses and premises owned by a claimant.

- The family home is never assessed as part of the means test, regardless of who is the legal owner.

A number of increases to the above were announced as part of Budget 2023 as follows:

- A €12 increase to the weekly rate of Disability Allowance increasing it from €208 to €220 per week from January 2023.

- Proportionate increases will also apply for people getting a reduced rate and to the qualified adult rates.

- The weekly rate for a qualified child will also increase to:

- €42 for children under 12 years of age

- €50 for children aged 12 years and over

Social Welfare Appeals

Ceisteanna (428)

Michael Ring

Ceist:

428. Deputy Michael Ring asked the Minister for Social Protection when an appeal by a person (details supplied) will be dealt with; and if she will make a statement on the matter. [57452/22]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 7 October 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. Those papers were received in the Social Welfare Appeals Office on 19 October 2022 and the case was referred on 27 October 2022 to an Appeals Officer. The Appeals Officer will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

State Bodies

Ceisteanna (429)

Mattie McGrath

Ceist:

429. Deputy Mattie McGrath asked the Minister for Social Protection the current position in relation to the ex-gratia payments for Fás supervisors; when the payment will be made; and if she will make a statement on the matter. [57472/22]

Amharc ar fhreagra

Freagraí scríofa

I take it that the Deputy is referring to Community Employment (CE) Supervisors.

CE supervisors and CE assistant supervisors sought for several years through their union representatives, SIPTU and Forsa, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors and CE assistant supervisors who are employed by CE scheme sponsoring organisations.

A final settlement was reached with unions representing CE supervisors and assistant supervisors at the end of 2021. This settlement resolves this long-standing issue through the payment of a once off ex-gratia payment to eligible CE supervisors and assistant supervisors. Some 2,500 people employed by CE schemes going back to 2008 will benefit at an estimated total cost of over €24 million.

Generally, under the terms of this settlement, on reaching retirement age, eligible CE supervisors and assistant supervisors will receive a once off ex-gratia payment in respect of time employed by CE schemes since 2008. People who retired since 2008 and who have reached retirement age are now able to apply for this payment.

Over the past number of months, an administrative and ICT system to accept applications and process payments was put in place within the Department of Social Protection. The first group of ex-gratia applications have been received and are being processed - these relate to persons who retired since 2008. Following Government approval earlier this month, legislative provisions to provide for these payments are being included in the Social Welfare Budget Bill, which will also, once enacted, facilitate the payment of processed applications.

A notification will issue to recipients as soon as payments are processed and are ready to issue.

I trust this clarifies the matters.

Departmental Funding

Ceisteanna (430)

Seán Canney

Ceist:

430. Deputy Seán Canney asked the Minister for Social Protection if her attention has been drawn to reports that CE supervisors currently receive a pay rate of €11.01 per hour, which is lower than that received by CE scheme participants (details supplied); if she will provide more funding for the pay of CE supervisors to their employing groups; and if she will make a statement on the matter. [57473/22]

Amharc ar fhreagra

Freagraí scríofa

We are all very conscious of the important role that Community Employment (CE) and other programmes play in our communities. In addition to providing valuable occupational experience and training as a stepping-stone to employment for people who are long term unemployed, schemes such as CE also provide important and, in many cases essential, services to their local communities.

The programme is delivered through independent CE sponsoring authorities who are the employers of CE supervisors, CE assistant supervisors and CE participants. CE sponsoring authorities receive state funding to cover the cost of remuneration, training and material costs from the department. Therefore, any pay increases could increase the cost to the state of running CE schemes.

However, it should be noted that the pay rates for CE supervisors and participants are not comparable for a number of reasons. CE participants' pay rates are based on family circumstances and not an hourly rate.

CE participants work an average of 19.5 hours per week. The rate of payment relates to the customer’s underlying Jobseeker’s Allowance rate plus an additional €22.50 per week, with a minimum payment of €230.50 per week. Where relevant, participants receive increases in respect of a qualified adult and child dependents and their rate can be reduced where means apply.

That said, the Department of Social Protection, as the funder of CE schemes, has received correspondence from Fórsa and SIPTU seeking a pay increase for CE supervisors and assistant supervisors. Any increase in pay rates that would potentially increase the overall cost to the state of funding schemes, or state funded activities in the wider community and voluntary sector, must take into consideration the potential cost to the exchequer. Given these budgetary implications, this correspondence has been forwarded to the Department of Public Expenditure and Reform for their consideration.

The Department is continuing to follow-up on this issue with the Department of Public Expenditure and Reform and will also continue discussions with the Trade Unions concerned.

I trust this clarifies the matter for the Deputy.

Departmental Funding

Ceisteanna (431)

Seán Canney

Ceist:

431. Deputy Seán Canney asked the Minister for Social Protection if her attention has been drawn to reports that RSS and Tús scheme supervisors currently receive a pay rate of €11.01 per hour, which is lower than that received by scheme participants (details supplied); if she will provide more funding for the pay of RSS and Tús supervisors to their employing groups; and if she will make a statement on the matter. [57474/22]

Amharc ar fhreagra

Freagraí scríofa

The Rural Social Scheme ( RSS) and Tús are positive initiatives that enables both low-income farmers and fishers and the long-term unemployed to make a contribution to their communities whilst at the same time up-skilling and enhancing their employability prospects. I am fully committed to the future of these programmes and will continue to support and improve both programmes for the benefit of the community whilst also providing much needed local employment.

Both programmes are delivered through a number of independent Local Development Companies and Údarás na Gaeltachta, collectively known as Implementing Bodies (IB’s), who are the legal employers of RSS and Tús supervisors.

The Deputy states that Tús and RSS supervisors have not had a pay increase since 2008. However, following discussions in 2017 and as part of a productivity agreement, a 5 point incremental pay scale was introduced for these supervisors.The maximum point on the 2017 pay scale is 13% higher than the previous pay rate for supervisors. Based on a 39 hour week that Tús and RSS supervisors work, the lowest point on the current payscale equates to an hourly rate of €15.30.

It should be noted that the pay rates for Tús and RSS supervisors and participants are not comparable for a number of reasons. Tús and RSS participants' pay rates are based on family circumstances and not an hourly rate.

Tús and RSS participants work an average of 19.5 hours per week. The rate of payment relates to the customer’s underlying Jobseeker’s Allowance rate plus an additional €22.50 per week, with a minimum payment of €230.50 per week. Where relevant, participants receive increases in respect of a qualified adult and child dependents and their rate can be reduced where means apply.

That said, the Department of Social Protection, as the funder of both the RSS and the Tús scheme, has received correspondence from SIPTU seeking a pay increase for RSS and Tús supervisors. Officials from my Department recently met with union representatives where issues relating to pay and the working conditions of RSS and Tús supervisors were discussed. A further meeting has been scheduled and the Department will continue to liaise with union representatives on these matters. Any increase in pay rates that would potentially increase the overall cost to the state of funding schemes, or state funded activities in the wider community and voluntary sector, must take into consideration the potential cost to the exchequer. Given these budgetary implications, this correspondence has been forwarded to the Department of Public Expenditure and Reform for their consideration.

I trust this clarifies the matter for the Deputy.

Civil Marriages

Ceisteanna (432)

Cormac Devlin

Ceist:

432. Deputy Cormac Devlin asked the Minister for Social Protection if her attention has been drawn to the case of a person (details supplied); and if she will make a statement on the matter. [57480/22]

Amharc ar fhreagra

Freagraí scríofa

Firstly may I take this opportunity to extend my condolences to the person concerned on their bereavement.

The registration of marriages is provided for in the Civil Registration Act 2004 as amended (the Act). Where a registrar refuses to register a life event, which includes marriage, provision is made for a statutory appeal process. In this case, I understand that an appeal is currently in progress with the HSE. In the event that the registrar's decision is upheld, the appeal will be further reviewed by the General Register Office.

In the event the General Register Office upholds the registrar's decision the affected person has recourse to the High Court. In general, and as an alternative to the appeal process, questions relating to the validity of marriage may be resolved in the Circuit Family Court where a person may bring an application for a declaration that a marriage is, or is not, valid. Such proceedings are governed by Section 29 of the Family Law Act 1995.

I trust this clarifies matters for the Deputy.

Social Welfare Benefits

Ceisteanna (433, 434)

Bernard Durkan

Ceist:

433. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for the living alone allowance; and if she will make a statement on the matter. [57497/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

434. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for the fuel allowance; and if she will make a statement on the matter. [57498/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 433 and 434 together.

Living alone allowance is payable from age 66, with widow(er)'s & surviving civil partner's contributory pension. As the person concerned is under age 66, she does not qualify for this allowance. However, the person concerned was previously in receipt of living alone allowance with disability allowance, in which case it is payable under age 66. She may wish to re-apply for disability allowance, to ascertain if she is financially better off on that payment.

The person concerned is in receipt of fuel allowance since 2020. This year she applied to have the allowance paid in two lump sums. The first lump sum of €462 was paid with her pension on 30/09/2022. The second lump sum will be paid in January 2023. On foot of the cost-of-living measures announced in the budget, the person concerned will receive an extra fuel allowance payment of €400 on Friday 18/11/2022.

I trust this clarifies the matter for the Deputy.

Question No. 434 answered with Question No. 433.

Social Welfare Benefits

Ceisteanna (435, 436)

Bernard Durkan

Ceist:

435. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for the living alone allowance; and if she will make a statement on the matter. [57499/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

436. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) qualifies for the fuel allowance; and if she will make a statement on the matter. [57500/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 435 and 436 together.

The person concerned has been in receipt of living alone allowance since 25/03/2011. Their weekly pension payment is €275.30. This is comprised of the maximum personal rate of €253.30, plus €22 living alone allowance. As a result of the cost-of-living measures announced in the budget, the person concerned will receive a living alone allowance lump sum of €200 on 18/11/2022.

The person concerned applied for fuel allowance in 2020. Their application was disallowed as their weekly means were assessed as €523.30. This exceeds the current limit of €373.30. However, from January 2023, the weekly means limit will increase to €500 for those aged over 70. If the person concerned continues to have weekly means in excess of €500, she would not be entitled to fuel allowance now or in January. If her weekly means have changed, it is open to her to re-apply to have her entitlement re-examined.

I trust this clarifies the matter for the Deputy.

Question No. 436 answered with Question No. 435.
Question No. 437 answered with Question No. 417.

Legislative Measures

Ceisteanna (438)

Cathal Crowe

Ceist:

438. Deputy Cathal Crowe asked the Minister for Social Protection if the income limits set out in the Social Welfare Act 2021 will be increased in line with the cost-of-living increases in recent months (details supplied). [57506/22]

Amharc ar fhreagra

Freagraí scríofa

My Department provides income supports through contributory payments (which are based on a person's social insurance record) and means-tested social assistance payments. Social welfare legislation provides that the means test takes account of the income and assets of the person (and spouse or partner, if applicable) applying for the relevant scheme.

Invalidity Pension is a contributory payment and, as such, is not means tested. A recipient of the Invalidity Pension can claim an increase to their payment in respect of a qualified adult (IQA). A qualified adult is the spouse / partner of the recipient who is being wholly or mainly maintained by the recipient.

An increase for a qualified adult may be payable at the maximum rate of payment where the means of the spouse/partner are €100 a week or less, while reduced rates are payable where the means are over €100 and less than €310 per week. No increase is payable where the means of the spouse/partner are in excess of €310 per week. The means test plays a critical role in determining whether or not an income need arises as a consequence of a particular contingency – such as disability, unemployment or caring. This ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

My Department will continue to monitor and review scheme policies for all social welfare payments on an ongoing basis.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (439)

Brendan Griffin

Ceist:

439. Deputy Brendan Griffin asked the Minister for Social Protection if a payment will issue to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [57507/22]

Amharc ar fhreagra

Freagraí scríofa

My Department has, as you will be aware, acted very quickly to deliver the Disability Support Grant and other budget measures within an exceptionally short timeframe. Wherever possible, budget measures that are usually implemented in the January to March period of the year following a budget announcement, have been brought forward and implemented within a period of weeks. While this early issue of payments was very challenging it was possible to achieve for people paid directly off the Department’s own payment systems.

However, when undertaking training courses, recipients of Disability Allowance move off the Department’s payment systems and transfer to a Department of Further, Higher Education, Research, Innovation and Science funded Training Allowance. As a consequence, it was not possible to process early payment of the Disability Support Grant to these recipients in the same manner as was implemented in respect of people paid directly through the Department’s own systems.

I can confirm, however, that it is absolutely the intention that people on training courses, having previously been in receipt of a Disability Allowance payment, will receive the €500 Disability Support Grant.

My officials are examining this issue in conjunction with their colleagues in the Department of Further, Higher Education, Research, Innovation and Science to ensure the payment is made to those who are on Training courses as soon as possible.

I trust this clarifies the position for the Deputy.

Social Welfare Appeals

Ceisteanna (440)

Emer Higgins

Ceist:

440. Deputy Emer Higgins asked the Minister for Social Protection if her attention has been drawn to a potentially offensive contact name (details supplied) given to persons appealing a decision on their social protection payment; if this is a matter that she can change; and if she will make a statement on the matter. [57510/22]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware it is a core value of my Department to deal with all its customers in a professional and respectful manner.

When corresponding with customers in the context of a medical review or appeal of a particular claim it is standard practice to include a pre-paid return envelope. In order to facilitate the efficient distribution of the returned correspondence the envelope has space to include the name of the specific section dealing with the matter. The envelope in question included 'MR Control' as part of the address. This is an abbreviation of the Medical Review Control section which is the section dealing with this particular case. I regret that the use of this abbreviation caused the person in question distress; it was not intended.

I trust this clarifies the matter.

Social Welfare Benefits

Ceisteanna (441)

Brendan Griffin

Ceist:

441. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [57515/22]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April. One of the conditions for receipt of fuel allowance is that a person must satisfy a means test.

The fuel allowance means test is linked to the maximum rate of State pension (contributory). An individual can have a weekly income of €120.00 above the maximum rate for State pension (contributory) plus any increases for age, living alone and dependants and still be eligible for the fuel allowance. In this case the threshold, based on their household, is €600.30.

Following a means assessment, it was determined that the household means were €870.50 which exceeded the permissible weekly means of €600.30 for the household. The application was disallowed, and the person concerned was notified in writing on 15 November 2022.

As the Deputy is aware, I announced an increase of €80.00 in the fuel means threshold for those aged under 70 from €120.00 to €200.00 from January 2023. As the household means of €870.50 will exceed the increased threshold, the person concerned will not qualify for fuel allowance from January 2023.

It is open to the person concerned to submit a new application if there are any changes in their circumstances.

Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (442)

Brendan Griffin

Ceist:

442. Deputy Brendan Griffin asked the Minister for Social Protection if an invalidity pension application by a person (details supplied) in County Kerry will be processed; and if she will make a statement on the matter. [57523/22]

Amharc ar fhreagra

Freagraí scríofa

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. A new claim for IP was received from the person concerned on 10 November 2022. In order to establish medical suitability two forms were sent to him on 16 November 2022. On receipt of the completed forms, the IP claim will be processed as quickly as possible and he will be notified directly of the outcome. I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Ceisteanna (443)

Robert Troy

Ceist:

443. Deputy Robert Troy asked the Minister for Social Protection if she will provide an update on the carer's allowance appeal of a person (details supplied); and if she will make a statement on the matter. [57529/22]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I am informed by the Social Welfare Appeals Office that an email from the person concerned was received in that Office on 26 September 2022. As the communication did not include sufficient information in order to register an appeal the Appeals Office emailed the person concerned on 27 September 2022 requesting that an appeal form be completed in order to progress the matter. To date, no response has been received from the person concerned.

On receipt of the necessary response and, if all is in order, an appeal will be registered, the relevant departmental papers will be requested from the Department of Social Protection and the appeal will be referred in due course to an Appeals Officer for consideration.

I trust this clarifies the matter for the Deputy.

Barr
Roinn