Written Answers Nos. 492-511
492. Deputy Claire Kerrane asked the Minister for Social Protection if she will provide an update on plans to bring forward legislation as per the recommendations by the child maintenance review group, especially around the inclusion of child maintenance as household means in means tests for social welfare supports; when this legislation will be introduced; and if she will make a statement on the matter. [4306/23]
Amharc ar fhreagra506. Deputy Michael Creed asked the Minister for Social Protection if she will provide more details regarding the announcement on 18 November 2022 that maintenance payments will not be included in means testing in the future; when legislative effect will be given to this change; if it applies to all means tested social welfare payments such as jobseeker’s allowance, working family payment, jobseeker’s transitional payment and if the arrangements will be backdated to the date of the announcement; and if she will make a statement on the matter. [4679/23]
Amharc ar fhreagraI propose to take Questions Nos. 492 and 506 together.
The Government established a Child Maintenance Review Group in 2020 to examine a number of issues regarding child maintenance in Ireland and to prepare a report for the Minister for Social Protection on:
(i) The current treatment within the Department of Social Protection of child maintenance payments,
(ii) The current provisions relating to the liable relatives regarding child maintenance, and
(iii) The establishment of a State Child Maintenance Agency.
I am pleased that the Government accepted the Group's recommendations in relation to the social welfare system.
As a result, child maintenance payments will be disregarded in the means test for social welfare payments. This measure will mean that many lone parents currently on reduced rates of payment will see their payment increase. It will also mean that some additional lone parents will qualify for a payment. It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents at a cost of approximately €10 million per year.
My Department is also removing the "efforts to seek maintenance" requirement from One-Parent Family Payment and Jobseeker's Transitional Payment. This requirement often involved lone parents having to go to Court to seek a maintenance order, so this change will remove a potential additional stress for them, as well as helping to reduce the burden on our courts system.
In addition, the liable relative provisions will be discontinued. This means that my Department will no longer seek to recoup a portion of claim costs from the non-resident parent. I want to be very clear that removing these provisions does not replace or supersede the primary responsibility of parents to maintain their children.
These are very significant reforms of the social welfare system which will be of great benefit to lone parents. Introducing these changes requires amendments to both primary and secondary legislation, the details of which are currently being examined. The reforms will also necessitate changes to some of my Department’s systems, application forms and processes.
My officials are working on advancing the legislative provisions and associated issues at present to ensure implementation as early as possible. In the meantime, and on administrative basis, my Department is not requiring people to make efforts to seek maintenance from their child's other parent and the liable relative provisions are not being applied to new claims for One-Parent Family Payment.
493. Deputy Mattie McGrath asked the Minister for Social Protection the current turnaround for exceptional needs payments to be processed by area; the reason exceptional needs payment applications are taking ten weeks to process; the urgent efforts that are being taken to reduce this waiting list, particularly as the very purpose of the exceptional needs payment is to meet a short-term urgent need where someone requires emergency or urgent assistance; the avenues that are available to them to have their application processed urgently; and if she will make a statement on the matter. [4317/23]
Amharc ar fhreagraThe Community Welfare Service (CWS) is committed to providing a quality service to all citizens, ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.
The vast majority of complete applications are finalised within 2 weeks and there is less than 2 weeks work on hands currently. Exceptional Needs Payment (ENP) applications are varied and often quite complex, reflecting the individual circumstances being experienced.
Where it is clear that a person has an urgent or immediate need, every effort is made to ensure that the claim is processed on the same day. Community Welfare Officers (CWOs) are very experienced and can generally assess when a case is so urgent that it requires an immediate response. Approximately 10% of CWS payments to customers across the country are made on this basis, which shows just how responsive the service is to an urgent customer need.
Where an application cannot be finalised promptly, the delay is normally due to additional information or documentation being requested from the person to support their application and the length of time that it takes for the information to be provided. This can result in longer processing times for these applications as greater flexibility is given to clients with extended time to respond. Upon receipt of this information, the application is then processed quickly.
494. Deputy Bernard J. Durkan asked the Minister for Social Protection if the payment method for receiving a jobseeker’s allowance by a person (details supplied) can remain in place; and if she will make a statement on the matter. [4328/23]
Amharc ar fhreagraThe decision was taken following the lifting of Public Health Restrictions in 2022 to return to paying Jobseeker payments through the Post Office Network.
Payments to the Post office is one of the measures in terms of preventing fraud as it necessitates the claimant attending in person. Measures to combat fraud are regularly reviewed and updated by the Department.
The Person Concerned has been receiving payment to their Bank Account since April 2020 due to the Pandemic. In line with the policy of returning to Post Office payments the person's payment method will revert to the post office. The person concerned is not in any category that would be outside the parameters for returning payment to the post office. There is an option for the person concerned to change their post office location to one that may be more suitable to them either online or by calling to their local Intreo Office.
495. Deputy Michael McNamara asked the Minister for Social Protection when a decision will be made in relation to an application by a person (details supplied); and if she will make a statement on the matter. [4331/23]
Amharc ar fhreagraThe person concerned reached pension age on 02 July 2022.
Their application for State Pension Contributory was received on 10 October 2022. Following an examination of their insurance record it was noted that the person concerned had outstanding self-employment liabilities for the year 2019.
Section 110 (1) of The Social Welfare Consolidation Act 2005, as amended, provides that a Self-Employed contributor shall not be regarded as satisfying the qualifying conditions unless all outstanding self-employment contributions are paid. It further provides that the pension will only be paid from the date all outstanding contributions have been paid in full.
On 12 January 2023 it was confirmed that outstanding liabilities were discharged in full on 12 January 2023. The State Pension (contributory) was awarded from 12 January 2023 and the person concerned was notified in writing on 30 January 2023.
I hope this clarifies the position for the Deputy.
496. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for the fuel allowance by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [4336/23]
Amharc ar fhreagraThe 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.
The Fuel Allowance for the person concerned was awarded from 06 January 2023. They were notified in writing on 26 January 2023.
I hope this clarifies the position for the Deputy.
497. 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. [4568/23]
Amharc ar fhreagraThe 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.
The Fuel Allowance for the person concerned was awarded from 06 January 2023. They were notified in writing on 26 January 2023.
I hope this clarifies the position for the Deputy.
498. Deputy Jackie Cahill asked the Minister for Social Protection the number of appeals received by the social welfare appeals office per month since 2021, in tabular form; and if she will make a statement on the matter. [4573/23]
Amharc ar fhreagra499. Deputy Jackie Cahill asked the Minister for Social Protection the current average processing time for an appeal with the social welfare appeals office; the average processing time for appeals by month from 2021 to date, in tabular form; and if she will make a statement on the matter. [4574/23]
Amharc ar fhreagra500. Deputy Jackie Cahill asked the Minister for Social Protection if her attention has been drawn to the delays in the provision of documentation to the appeals office by social welfare sections; the impact this is having on appeal processing times; the efforts being made to reduce these delays; and if she will make a statement on the matter. [4575/23]
Amharc ar fhreagra501. Deputy Jackie Cahill asked the Minister for Social Protection the efforts that are being made to reduce appeal processing times in the social welfare appeals office; and if she will make a statement on the matter. [4576/23]
Amharc ar fhreagraI propose to take Questions Nos. 498, 499, 500 and 501 together.
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 total number of appeals received by the Social Welfare Appeals Office per month since 2021 is set out in the table below:
Appeals received 2021-2022
|
2021 |
2022 |
|
|
January |
1,431 |
2,287 |
|
February |
2,132 |
2,055 |
|
March |
2,210 |
2,200 |
|
April |
2,022 |
1,940 |
|
May |
1,887 |
1,426 |
|
June |
1,987 |
2,501 |
|
July |
1,908 |
2,287 |
|
August |
1,706 |
2,315 |
|
September |
2,191 |
2,203 |
|
October |
3,100 |
2,061 |
|
November |
2,351 |
2,207 |
|
December |
1,895 |
1,611 |
|
Total |
24,820 |
25,093 |
All claim decisions taken by the Department’s Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded by the Department and approximately 1% are appealed. The Department endeavors to ensure that these cases are dealt with as quickly as possible.
The desire to process appeals quickly has to be balanced with the competing demand to ensure that decisions are consistent and of high quality and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice.
The appeals process is quasi-judicial and decisions have to be formally written up to a quasi-judicial standard and are subject to review by the High Court. Accordingly the desire to process appeals quickly must be balanced with the competing demand to ensure that decisions are consistent, well reasoned and of high quality and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice.
The quasi-judicial nature of the appeals process also means that each aspect of the process takes time to complete. Appeals legislation requires that the appeal must be sent to the Department for a submission from the Deciding Officer who originally decided the case. The appeal contentions will be reviewed at this point. In 2021 49.3% of appeals which had a favourable outcome resulted from revised decisions by Deciding Officers at this stage. In 2022, 53.2% of appeals which had a favourable outcome resulted from revised decisions by Deciding Officers at this stage.
The current average processing times for an appeal with the Social Welfare Appeals Office are 14.7 weeks for a summary decision and 25.1 weeks for a decision by way of oral hearing. These figures are based on appeals finalised in December 2022.
The average processing times for an appeal with the Social Welfare Appeals Office for each month from 2021 to date are set out in the table below:
Appeal processing times 2021 (weeks)
|
Summary Decision |
Oral Hearing |
|
|
January |
13.1 |
34.9 |
|
February |
13.8 |
24.7 |
|
March |
12.9 |
23.5 |
|
April |
14.0 |
29.0 |
|
May |
12.8 |
22.1 |
|
June |
13.2 |
20.0 |
|
July |
13.6 |
30.7 |
|
August |
15.0 |
28.2 |
|
September |
15.7 |
25.5 |
|
October |
14.0 |
20.9 |
|
November |
14.7 |
28.3 |
|
December |
13.4 |
22.3 |
Appeal processing times 2022 (weeks)
|
Summary Decision |
Oral Hearing |
|
|
January |
14.2 |
26.1 |
|
February |
12.5 |
19.5 |
|
March |
13.6 |
22.8 |
|
April |
18.9 |
24.1 |
|
May |
15.2 |
23.7 |
|
June |
17.1 |
30.3 |
|
July |
14.1 |
28.4 |
|
August |
14.5 |
30.5 |
|
September |
15.2 |
22.5 |
|
October |
14.8 |
29.3 |
|
November |
15.3 |
28.6 |
|
December |
14.7 |
25.1 |
Significant efforts and resources have been devoted to improvements in the appeal process in recent years. As a result, average appeal processing times have generally improved between 2018 and 2022 from 30.0 weeks for an oral hearing in 2018 to 26.0 weeks in 2022, and from 24.8 weeks for a summary decision in 2018 to 15.0 weeks in 2022. The average time for all appeals finalised in 2022 was 14.9 weeks.
It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought from the Department by the Social Welfare Appeals Office. There is active engagement between the Appeals Office and the Department to ensure that this process operates efficiently and that where the Deciding Officer's decision is not revised in favour of the appellant that the appeal file papers are provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer. Over the course of the year 2022 the breakdown of the duration of the average appeal was 6.4 weeks in the Appeals Office and 8.5 weeks in the Department. The equivalent figures for December 2022 were slightly lower at 5.7 weeks in the Appeals Office and 8.0 weeks in the Department.
Currently, (January 2023) there are 42 Appeals Officers serving in the Office, along with the Chief Appeals Officer and two Deputy Chief Appeals Officers. Since the start of 2021 a total of 14 Appeals Officers have left the Office, many of these were amongst the most experienced officers. In the same period since the start of 2021 a total of 13 new Appeals Officers have been appointed, 3 of these since the start of 2022 and the new Officers are quickly getting up to speed. Given the complexity of the appeals process significant time and resources have been directed towards the training of these new staff to develop expertise which it is envisaged, in due course, will impact positively on appeal processing times.
Further improvements in appeals processing times are a priority for the Chief Appeals Officer.
I trust this clarifies the matter for the Deputy.
502. Deputy Jackie Cahill asked the Minister for Social Protection the number of appeals officers currently employed in the social welfare appeals office; if her Department has plans to increase this figure in the coming months; and if she will make a statement on the matter. [4577/23]
Amharc ar fhreagraThere are 45 Appeals Officers currently employed in the independent Social Welfare Appeals office. We have one Appeals Officer vacancy at present. As with all staffing in the Department, the appropriate staffing levels are kept under review and there are no plans to increase the numbers of Appeals Officers in the coming months.
503. Deputy Joan Collins asked the Minister for Social Protection her plans to introduce new social welfare rates in response to a query raised by a person (details supplied). [4578/23]
Amharc ar fhreagraI recently launched a public consultation on proposals for a new pay-related benefit for jobseekers. This builds on commitments in the Programme for Government, the Economic Recovery Plan and Pathways to Work.
A pay-related benefit means that the amount of benefit an eligible person receives when they become fully unemployed is directly linked to their previous earnings, subject to a maximum payment. This is intended to provide a more effective cushion against the income shock when a person loses their employment and would bring Ireland in line with other European countries.
I published a 'Strawman' proposal in December last year which sets out the broad guidelines of a new approach to a pay-related jobseeker's benefit. It is not a final design. The objective of the draft proposal is to invite feedback through a national public consultation process to develop a preferred policy design. Submissions are due by 28th February 2023.
As part of the public consultation process, my Department will host a stakeholder event on 10th February 2023. This is open to stakeholder groups and members of the public.
Full details of how to register for the stakeholder event and how to make a written submission on the proposals for a new pay-related benefit for jobseekers are available on the Department's website at gov.ie.
I trust this clarifies the matter for the Deputy.
504. Deputy Richard Boyd Barrett asked the Minister for Social Protection the status of a passport renewal for a person (details supplied); and if she will make a statement on the matter. [4609/23]
Amharc ar fhreagraThe person concerned is currently in receipt of a Jobseeker’s Allowance (JA) payment. Whilst the person is awaiting the renewal of his passport, he should present to the Dun Laoghaire Intreo Centre where he will be provided with a temporary card and a stamped copy of his photograph. This documentation will enable the person to collect his JA from the Post Office.
According to the records of my Department, the person collected his payment dated 25/01/2023 from the Post Office.
I trust this clarifies the matter.
505. Deputy Michael Creed asked the Minister for Social Protection if a person (details supplied) in County Cork can have their payment transferred to an invalidity pension payment in view of medical circumstances; the process involved in this transaction and the benefits to the applicant in this regard if approved; and if she will make a statement on the matter. [4678/23]
Amharc ar fhreagraDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I can confirm that the person concerned is currently in receipt of Disability Allowance effective from 04 February 2015.
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
A person is regarded as being permanently incapable of work if, for the period of 1 year immediately before the date of application the person had been continuously incapable of work and a deciding officer (DO) or an appeals officer (AO) is satisfied that the person is likely to continue to be incapable of work for at least another year or a DO or an AO is satisfied that the likelihood is that the person will be incapable of work for life.
To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their claim. Only PRSI classes A, E ,H & S contributions are reckonable for IP purposes.
Eligibility for IP can only be established on receipt of a completed application form. Based on the information provided, the Department has not received a completed IP application from the person in question. I have asked my officials to send an IP application form out to the person concerned for them to complete and return if they wish to apply for this payment.
I hope this clarifies the matter for the deputy.
507. Deputy Duncan Smith asked the Minister for Social Protection if she will provide an update on a fuel allowance application by a person (details supplied); and if she will make a statement on the matter. [4712/23]
Amharc ar fhreagraFuel allowance is a means tested payment payable to people who either live alone or only with certain other qualified people.
The person concerned submitted an application for fuel allowance on 04 October 2022.
Based on the information provided to the Department, the person does not qualify for the allowance as their household consists of people who are not in a qualifying category.
The person concerned was notified of this decision in writing on 21 October 2022.
The person in question submitted a new application for fuel allowance on 28 December 2022 which was only partially completed.
A Deciding Officer (DO) returned the fuel allowance application to the person concerned on 18 January 2023. To date, a fully completed application has not been received by my department.
I trust this clarifies the matter for the deputy.
508. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth when the Assisted Decision-Making (Capacity) Amendment Act 2015 will be commenced; and the reason for the delay in commencing same. [4548/23]
Amharc ar fhreagraThe Assisted Decision-Making (Capacity) Act 2015 (the 2015 Act) is an important piece of legislation that represents significant legal reform. It changes the existing law on capacity from the status approach of the wardship system to a flexible functional approach, whereby capacity is assessed on an issue and time-specific basis.
The Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement.
The Decision Support Service (DSS), which is the organisation that will operate the provisions of the 2015 Act, will respond to the complex decision-making needs of people with capacity difficulties. To date, the Decision Support Service has made considerable progress in preparing to operate the 2015 Act.
Amendments were required to the 2015 Act prior to commencement, in order to streamline processes in the interests of those using its provisions, and to strengthen the safeguards contained in the Act. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 is the vehicle for these amendments and was signed into law on 17 December last.
The Government remains committed to commencing the 2015 Act, as amended, as soon as possible. Work is currently underway to draft the necessary Statutory Instruments that are required as part of the commencement process, including the drafting of commencement orders and of regulations that the new system of tiered decision supports will need to function. The passage of the 2022 Amendment Act was required in order to progress these final preparations. I expect to be in a position to commence the 2015 Act, as amended, in early 2023.
509. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth the recourses available to those who feel that they were discriminated against during the job interview process; and if he will make a statement on the matter. [4704/23]
Amharc ar fhreagraDiscrimination on nine specified grounds, namely, gender, civil status, family, sexual orientation, religion, age, disability, race, membership of the Traveller is prohibited by law in the field of employment under the Employment Equality Acts 1998 to 2015. These include recruitment and promotion; equal pay; working conditions; training or experience; dismissal and harassment including sexual harassment.
Complaints regarding breaches of equality legislation may be pursued before the Workplace Relations Commission, which publishes statistics regularly on its decisions in regard to equality complaints disaggregated by discriminatory ground. The Irish Human Rights and Equality Commission, which is independent in the exercise of its statutory functions, provides information on taking complaints under these acts and supports strategic litigation in this regard.
I am currently conducting a review of the Equality Acts to examine, among other issues, the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality.
510. Deputy Matt Carthy asked the Minister for Children, Equality, Disability, Integration and Youth the legislative steps he has taken to protect interviewees from being discriminated against; and if he will make a statement on the matter. [4705/23]
Amharc ar fhreagraDiscrimination on nine specified grounds, namely, gender, civil status, family status, sexual orientation, religion, age, disability, race, membership of the Traveller is prohibited by law in the field of employment under the Employment Equality Acts 1998 to 2021 and in the supply of and access to goods and services under the Equal Status Acts 2000 to 2018. This includes the area of access to employment and recruitment.
Complaints regarding breaches of equality legislation may be pursued before the Workplace Relations Commission, which publishes statistics regularly on its decisions in regard to equality complaints disaggregated by discriminatory ground. The Irish Human Rights and Equality Commission, which is independent in the exercise of its statutory functions, provides information on taking complaints under these acts and supports strategic litigation in this regard.
I am currently conducting a review of the Equality Acts to examine, among other issues, the functioning of the Acts and their effectiveness in combatting discrimination and promoting equality.
511. Deputy Patricia Ryan asked the Minister for Children, Equality, Disability, Integration and Youth when the report into historical child sexual abuse allegations in an organisation (details supplied), which was carried out by a leading special rapporteur on child protection, will be published; and if he will make a statement on the matter. [3938/23]
Amharc ar fhreagraI wish to advise the Deputy that I wrote to St John Ambulance to seek information about the publication of the report on 12th December 2022. St John Ambulance replied on 23rd December and confirmed that they had received a completed report from Dr Shannon. The Commissioner of St John Ambulance stated that the organisation was committed to publishing the full report immediately after the relevant legal review had taken place. The Commissioner further informed me that the legal review of the report was underway and that St John Ambulance was committed to completing this process in a timely manner.
The Commissioner stated that he would write again to me in the New Year with a publication date for the report. The Department has also informed Tusla of the expected publication of the report. Tusla officials have liaised with St John Ambulance regarding safeguarding measures now in place in this organisation.
It is my intention to write to St John Ambulance in the coming days to get an update regarding the expected publication date of the report if the report has not been published.
