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Gnáthamharc

Tuesday, 21 Feb 2023

Written Answers Nos. 457-476

Social Welfare Payments

Ceisteanna (457)

Bernard Durkan

Ceist:

457. Deputy Bernard J. Durkan asked the Minister for Social Protection if applications for the carer's allowance in the case of a person (details supplied) can be reviewed; and if she will make a statement on the matter. [8121/23]

Amharc ar fhreagra

Freagraí scríofa

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

I confirm that the Department received two applications for CA from the person concerned on 1 December 2022.

An information request issued in relation to both applications to the person concerned by a Deciding Officer (DO) on 6 December 2022. On foot of this , further correspondence from the person concerned was received by the Department on the 27 January 2023.

It is a condition for receipt of CA that the applicant’s means are less than the statutory limit, which in this case is €227.60 per week. It is also a condition that the person being cared for must have such a disability that they require full-time care and attention.

Both applications were disallowed as the means were assessed at €1,361.42 weekly which exceeded the statutory limit and as the evidence submitted in relation to the care requirements in support of this application was insufficient to indicate that the requirement for full-time care and attention was satisfied.

The person concerned was notified on 4 February 2023 of this decision, the reason for it and of their right of review and appeal in both cases.

A review of each decision was carried out on 14 February 2023 and the outcome of both reviews was that the original decisions remain unchanged.

The person concerned was notified about this on 14 February 2023 and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Ceisteanna (458)

Bernard Durkan

Ceist:

458. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in respect of an appeal for the domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [8130/23]

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 advised by the Social Welfare Appeals Office that an oral hearing of the appeal with the person concerned took place on 16 February 2023 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when the appeal has been determined.

I trust this clarifies the matter for the Deputy.

Community Welfare Services

Ceisteanna (459, 489)

Chris Andrews

Ceist:

459. Deputy Chris Andrews asked the Minister for Social Protection if participants on the jobs initiative scheme are included in the 2023 wage increase for community workers; and if she will make a statement on the matter. [8131/23]

Amharc ar fhreagra

Ivana Bacik

Ceist:

489. Deputy Ivana Bacik asked the Minister for Social Protection her plans to review wages paid to participants in the jobs initiative scheme. [8823/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 459 and 489 together.

Job Initiative (JI) is an employment support scheme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities. Recruitment onto the scheme ceased from November 2004.

The Department funds wages for JI team leaders and JI participants along with a grant contribution towards the running costs of the scheme in respect of administration, materials, overheads, training and development. Participants on JI are employed full time for 39 hours per week. The Department is not the employer of JI team leaders or of participants.

The current rate for JI participants is €495 per week. The JI rate benefits from any budgetary increase in the relevant social welfare payments along with any increase in the top up payment for participants on employment support schemes. The 2023 budget increases, effective from January increased the JI weekly rate from €461 to €495, when the increase in weekly social welfare payment rates and the increase in the top up payment are taken into account.

In addition, JI participants also receive social welfare benefits such as the annual Christmas Bonus and also received the Autumn Cost of Living double week payment in October 2022.

I trust this clarifies the matter for the Deputies.

Social Welfare Eligibility

Ceisteanna (460)

Emer Higgins

Ceist:

460. Deputy Emer Higgins asked the Minister for Social Protection the reason that a person who is living alone at home but is a qualified adult on their spouses' pension, who resides in a nursing home, does not qualify for the living alone allowance; and if she will make a statement on the matter. [8138/23]

Amharc ar fhreagra

Freagraí scríofa

The Living Alone Allowance is a payment for people aged 66 years or over who are in receipt of certain social welfare payments, including State Pension (Contributory), State Pension (Non-Contributory), Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension, Widow's, Widower's or Surviving Civil Partner's (Non-Contributory) Pension, Widow's/Widower's Pension under the Occupational Injuries Benefit Scheme, Incapacity Supplement under the Occupational Injuries Benefit Scheme, Deserted Wife's Benefit, and who are living alone.It is also paid to people aged under 66 who live alone and are in receipt of Disability Allowance, Invalidity Pension, Incapacity Supplement or Blind Pension.The Living Alone Allowance is not means tested and the payment is made as an increase to the recipient’s primary social welfare payment.A claimant must be in receipt of a primary Social Protection payment in order to qualify for the Living Alone Allowance. It cannot be paid to dependents of the recipient of the primary payment.I trust this clarifies the matter for the Deputy.

Community Employment Schemes

Ceisteanna (461)

Thomas Pringle

Ceist:

461. Deputy Thomas Pringle asked the Minister for Social Protection when a substantive reply will issue to correspondence from this Deputy (details supplied); and if she will make a statement on the matter. [8149/23]

Amharc ar fhreagra

Freagraí scríofa

Minister Humphreys has brought this correspondence to my attention as the Minister of State with responsibility for CE within her Department. A substantive reply to your correspondence will issue in the coming days.

For the Deputy's information, the following sets out the general position as regards the Department's funding rules for CE schemes and payment for supervisors.

Generally, grant funding provided to CE schemes includes funding to assist sponsoring organisations to employ supervisors on schemes. CE schemes with eleven to twenty-five participants receive funding to employ a CE supervisor.

Where a CE scheme maintains an approval level of twenty-six or more participants, additional grant support may be considered for the employment of an assistant supervisor.

I trust this clarifies the general position on this issue.

Social Welfare Payments

Ceisteanna (462)

Willie O'Dea

Ceist:

462. Deputy Willie O'Dea asked the Minister for Social Protection the way an overpayment of carer's allowance was calculated (details supplied); and if she will make a statement on the matter. [8177/23]

Amharc ar fhreagra

Freagraí scríofa

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

Correspondence issued to the person concerned on 11 December 2012 , notifying them that their CA payment was to be suspended from 27 December 2012 as they had failed to disclose all of the information that had been requested by a Social Welfare Inspector.

A decision letter then issued on 22 January 2013 notifying the person concerned that they no longer qualified for payment of CA. They were informed of this decision, the reason for it and of their right of review and appeal.

Correspondence issued to person concerned on 11 July 2013 outlining that evidence had become available to the Department that they failed to disclose income from compensation received. Therefore, they were not entitled to the CA payment they received for the period 8 November 2007 to 26 December 2012 and that an overpayment may be assessed against them for the period. The person was informed of this decision, the reason for it and of their right of review and appeal. No request for a review or appeal was received.

A decision issued on 14 August 2013 to the person concerned that an overpayment of €63,664.50 was recoverable to the Department. They were informed of this decision, the reason for it and of their right of review and appeal. No request for a review or appeal was received.

A breakdown of the overpayment is provided in the table below.

Schedule of overpayments Table

According to the Department's system, the person concerned is currently repaying this debt at a rate of €50 per week and there is currently a remaining debt of €39,764.50.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Ceisteanna (463)

John McGuinness

Ceist:

463. Deputy John McGuinness asked the Minister for Social Protection if an application for invalidity pension by a person (details supplied) will be expedited and approved. [8179/23]

Amharc ar fhreagra

Freagraí scríofa

No application for Invalidity Pension (IP) has been received from the person concerned to date. My Department has been in contact with the person in question and she will submit a further application for IP without dely. On receipt of the application, her claim will be processed as quickly as possible and a Deciding Officer will be in direct contact with the her with a decision on her claim.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (464)

John McGuinness

Ceist:

464. Deputy John McGuinness asked the Minister for Social Protection if a person (details supplied) will be approved for jobseeker's as a matter of urgency, given that they have been seeking assistance through the local social welfare office since August 2022. [8202/23]

Amharc ar fhreagra

Freagraí scríofa

The customer concerned made an application in October 2022. The customer concerned was requested to supply details of the reason for the reduction in his employment from his employer. He was given 4 weeks to return this information. He failed to return this information and his claim was closed. The customer concerned made a new application on 20th of December 2022 stating he only received the required details form from his employer on the 16th of December.

This information received was initially incomplete and required ongoing contact with the person concerned until the case could be finalised.

The claim has been awarded and arrears paid. The customer concerned received notification regarding payment details on 14/02/2023.

Social Welfare Eligibility

Ceisteanna (465)

Richard Boyd Barrett

Ceist:

465. Deputy Richard Boyd Barrett asked the Minister for Social Protection to review the time for appeals for social welfare disallowances; and if she will make a statement on the matter. [8219/23]

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 statutory procedures for processing an appeal are provided for in the Social Welfare Consolidation Act 2005 and the Social Welfare (Appeals) Regulations, 1998. Notice of appeal must be made within 21 days of the notification of the Deciding Officer's/Designated Person’s decision (Section 311 and Article 9) but notice of appeal made after that period may be accepted with the approval of the Chief Appeals Officer (Article 9).

In exercising discretion under this provision, the Chief Appeals Officer will have regard to the facts of the case, the reasons for the delay, and the length of time that has elapsed since the notification of the decision of the Deciding Officer/Designated Person and the notification of appeal.

A review of appeals operations was carried out internally by the Department in 2019 and another by the Comptroller and Auditor General in 2021. These reviews identified the need to update the appeals Regulations to enable the improvement of processes. Consequently, changes to the Regulations are being drafted and include, amongst other things, an increase in the time allowed to give notice of appeal, from 21 days to 60 days, and up to 180 days in certain exceptional circumstances.

I trust this clarifies the matter for the Deputy.

Irish Sign Language

Ceisteanna (466)

Ivana Bacik

Ceist:

466. Deputy Ivana Bacik asked the Minister for Social Protection if she will report on the implementation of the Irish Sign Language Act 2017 by her Department and by agencies which operate under the remit of her Department. [8247/23]

Amharc ar fhreagra

Freagraí scríofa

The Irish Sign Language (ISL) Act 2017 assigns specific responsibilities to the Minister for Social Protection in relation to the funding of a scheme of accreditation for ISL Interpreters (Section 7) and the provision of funds to facilitate ISL users with access to social, educational and cultural events and services (including medical) and other activities as specified in guidelines (Section 9).

I have assigned the implementation of these responsibilities to the Citizens Information Board (CIB), a statutory agency under the aegis of my Department.

In relation to Section 7 of the ISL Act, the Register of Irish Sign Language Interpreters (RISLI) was established in December 2020. Prior to establishment, CIB conducted significant research into international policies and standards, undertook extensive consultation with the Deaf community and other stakeholders, and developed and externally reviewed policies and procedures. A separate company was also established to ensure operational independence of the Register.

The first of its kind in Ireland, RISLI is a standards-based registration system for ISL interpreters. It aims to strengthen and guarantee the quality of ISL provision in Ireland, by ensuring that Interpreters reach specified standards to be admitted on the Register. RISLI also aims to support ISL interpreters to meet and maintain these standards by partaking in continuous professional development (CPD) to maintain their registration status. There are currently 112 ISL Interpreters on the Register.

In relation to Section 9, the establishment of the Register was a fundamental prerequisite for this commitment, in order to ensure that approved interpreters provide ISL interpreting as part of the scheme. Section 9 of the Irish Sign Language Act 2017 sets out support for access to events, services and activities for users of Irish Sign Language. The Sign Language Interpreting Service (SLIS), with the support of CIB, provides a range of interpreting services to both individuals and organisations, including:

- The Irish Remote Interpreting Service (IRIS), through a video link interpreters help support Deaf people to access information, entitlements and rights,

- A 24/7 emergency service to arrange for sign language interpreters in crisis situations,

- A service to enable access to GP and HSE Primary Care service,

- A support and access service to help service providers reduce barriers and become more accessible

- A Social Interpreting Fund to cover interpreting costs for funerals & hardship cases, and

- Supporting the delivery of the National Disability Inclusion Strategy (2017-2022).

In addition to these services, a pilot scheme was launched for a four-month period in 2021 to trial a voucher system to access free interpretation for eligible activities.

An evaluation of the pilot was completed in July 2022 and, in the context of the evaluation, CIB is currently exploring with SLIS the options as to how the learnings form the pilot can be built on.

In relation to my Department's commitments under Section 3 and Section 6 respectively, the Department provides an ISL Interpretation service to any customer who may request or need this service in order to interact or engage with the Department. ISL Interpretation is provided free of charge to customers and the Department ensures that interpreters assigned to DSP are registered with RISLI.

Social Welfare Payments

Ceisteanna (467)

Jennifer Murnane O'Connor

Ceist:

467. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the estimated full -ear cost of increasing the maximum rate of disability allowance to €228.50 per week; and if she will make a statement on the matter. [8259/23]

Amharc ar fhreagra

Freagraí scríofa

The estimated full year cost to increase Disability Allowance to €228.50 per week is €74.4 million.

This costing is based on the estimated number of recipients in 2023 and is subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (468)

Jennifer Murnane O'Connor

Ceist:

468. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if a double payment of child benefit is being considered for families given the current cost-of-living crisis; and if she will make a statement on the matter. [8260/23]

Amharc ar fhreagra

Freagraí scríofa

I fully recognise the challenges that the increased the cost of living has brought to many people and families. That is why, in September, I announced the largest ever Social Protection Budget package in the history of the State - comprising measures worth almost €2.2 billion.This included eight separate cost of living lump sum payments throughout October, November and December to ease the pressure that many families are facing.From the start of January, we have seen a wide range of increases come into effect which were announced as part of Budget 2023. This includes a €12 across the board increase to weekly rates – the largest increase to weekly rates since the mid-2000s. We have also provided measures which directly target families - increasing the Working Family Payment thresholds by €40, and the weekly Qualified Child allowance by €2 per week.I also announced the largest ever expansion in the Fuel Allowance scheme, and we have seen over 20,000 additional households join this scheme since the Budget.The ESRI post-Budget analysis shows that Budget 2023, combined with once-off measures to reduce the cost of living, will be effective in protecting most households from rising prices this winter. Their analysis further shows that the approach taken by the Government, of targeted welfare measures combined with universal energy credits, will be more effective at protecting most lower income households this winter than had welfare rate payments risen in line with inflation in 2022/2023.

And further measures are in train - the third energy credit is due in March / April and will deliver a further €200 to virtually all households in the state.

But we are aware that the cost of living continues to present challenges for people and families throughout the state who are feeling the effects of persistently high prices.

That is why Government has announced additional support for people over the coming months, including :

- A €200 lump sum payment to be provided in April to people on long-term Social Protection payments, on the same basis as the Christmas bonus, and including WFP recipients.

- For people receiving Child Benefit, a €100 lump sum payment for each child to be paid in June.

- An additional payment of €100 to be paid for each child for whom Back to School Clothing and Footwear Allowance is paid.

Together, these supports will provide over €410 million in additional supports to households and families in need.

I trust this clarifies matters for the Deputy.

Social Welfare Eligibility

Ceisteanna (469)

John Lahart

Ceist:

469. Deputy John Lahart asked the Minister for Social Protection if two individuals that cohabitate with a combined income below the threshold for a dual application to the fuel allowance are entitled to claim the full amount; and if she will make a statement on the matter. [8288/23]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €412 million in 2023. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

The criteria for fuel allowance are framed in order to direct the limited resources available to the Department in as targeted a manner as possible. To qualify for the Fuel Allowance, an applicant must be in receipt of a qualifying payment (if aged under 70), satisfy a means test and satisfy the household composition test. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

An applicant will only benefit from the allowable means for a couple if they are living with a spouse, civil partner or cohabitant.

The term ‘cohabitants’ refers to couples who are living together as defined in the social welfare code in accordance with Section 172 (1) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act, 2010, which states that “a cohabitant is one of two adults (whether of the same or the opposite sex) who live together as a couple in an intimate and committed relationship and who are not related to each other within the prohibited degrees of relationship or married to each other or civil partners of each other”.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (470)

Brendan Griffin

Ceist:

470. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal for disability allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [8289/23]

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 a Disability Allowance appeal by the person concerned was received in that Office on 11 December 2022. The appeal was registered on 09 January 2023. 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 and these documents have been requested. When received from the Department the case will be referred promptly to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (471)

Bernard Durkan

Ceist:

471. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for the inordinate delay in processing an appeal for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [8306/23]

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 25 August 2022. 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. These papers were returned to the Appeals Office on 03 October 2022 and referred on 28 October 2022 to an Appeals Officer, who having fully considered all of the available evidence, decided to allow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 13 February 2023.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (472, 473)

Pauline Tully

Ceist:

472. Deputy Pauline Tully asked the Minister for Social Protection if she will clarify where an application for an emergency additional needs’ payment to cover a deposit and or rent should be submitted; if this payment can be made to cover the first month’s rent as well as the deposit; and if she will make a statement on the matter. [8337/23]

Amharc ar fhreagra

Pauline Tully

Ceist:

473. Deputy Pauline Tully asked the Minister for Social Protection how a person applying for an emergency additional needs’ payment for a deposit for rental accommodation can comply with the application process, which states that they must provide a copy of the HAP agreement from the local authority and a copy of the lease agreement for their new accommodation, as a landlord is not going to sign a lease agreement before they receive their deposit, and the first month’s rent and HAP agreements are not signed until a person has secured a property; and if she will make a statement on the matter. [8338/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 472 and 473 together.

Under the Supplementary Welfare Allowance scheme, my Department may make Additional Needs Payments to help meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to Exceptional Needs Payments (ENP) and Urgent Needs Payments, and certain Supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources, and which are deemed to be necessary.

This important support is not restricted to those already on a social welfare payment and may also be available to those working on a low income.

A person applying for assistance with a deposit and/or first month’s rent can submit their ENP application together with relevant supporting documentation to their local Intreo Centre or Social Welfare Branch Office. Claims are awarded at the discretion of the officers administering the scheme considering the requirements of the legislation and all the relevant circumstances of the case.

In instances where a person is applying for assistance with a deposit and/or first month’s rent payment, amongst other supporting documentation they will be required to provide the following:

- Letter from the local housing authority confirming a HAP application has been received from the person or a letter from landlord/estate agent confirming the amount of the rent deposit.

- Full tenancy agreement – if available.

It is important to note that a claim can still be assessed in cases where a person confirms they have not yet received a tenancy agreement. A Community Welfare Officer will work with a person to explore other options that can establish the extent of the need.

As the Deputy will be aware, a protocol to assist victims of domestic violence has been established between my Department and Tusla. Under this protocol, where a person is a victim of domestic violence, they will be able to apply for Rent Supplement on referral by Tusla or by Tusla-funded service providers. The protocol provides for the fast tracking of Rent Supplement applications made under these circumstances. An ENP for a deposit and/or first month’s rent is also provided for under this protocol. ENP payments under the Domestic Violence Rent Supplement (DVRS) are managed by the National Rent Supplement Section.

The Place Finder Service is a targeted support for homeless households who are finding it difficult to secure Housing Assistance Payment (HAP) tenancies. The service assists homeless households in exiting emergency accommodation, primarily by sourcing suitable accommodation and by providing access to the payment of a deposit and advance rent, within the HAP limits, on the behalf of the HAP recipient.

Ordinarily it would be expected that as the Place Finder service is now active across the country, the need for recourse to the Community Welfare Service for assistance would decrease and applications for assistance with deposits and first month's rent would be where tenancies are secured outside of the national Place Finder service.

I trust this clarifies the matter.

Question No. 473 answered with Question No. 472.

Social Welfare Payments

Ceisteanna (474)

Catherine Murphy

Ceist:

474. Deputy Catherine Murphy asked the Minister for Social Protection the number of domiciliary care allowance applications received by her Department in 2022 and to date in 2023; and the number of these applications that were refused during this period in tabular form. [8358/23]

Amharc ar fhreagra

Freagraí scríofa

Domiciliary Care Allowance (DCA) is a monthly allowance payable to a parent / guardian in respect of a child who has a severe disability or condition and requires continual or continuous care and attention in the home, substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care and attention for at least 12 months.

The following table sets out the number of DCA applications that were received by the Department in 2022 and to date in 2023, including the number of these applications that were refused during this period.

Year

Applications received during year

Applications disallowed during year

2022

10,524

3,948

2023 to date -31/01/2023

1,019

396

In many cases, more than one decision may be made where a customer provides further information and / or seeks a review of a decision, i.e. a customer's application can be disallowed and then subsequently allowed on review. Applicants are advised to provide as much detail as possible at application stage, including any additional information or documentary evidence that is relevant, medical or otherwise, to ensure that all information is available to the department for the decision and assessment process.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Ceisteanna (475)

Michael Ring

Ceist:

475. Deputy Michael Ring asked the Minister for Social Protection if she will provide an update in relation to the entitlement of a person (details supplied); and if she will make a statement on the matter. [8458/23]

Amharc ar fhreagra

Freagraí scríofa

The person concerned reached pension age on 14 November 2020.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. According to the records of my Department the person concerned has a total of 221 full-rate contributions which falls short of the requisite 520 paid full-rate contributions.

Entitlement to a Mixed Insurance pro-rata State Pension (contributory) was examined. As the person concerned did not have the required 260 paid full-rate contributions to qualify, this claim was disallowed. They were notified in writing on 06 October 2020 and provided with a copy of their social insurance record.

The person concerned appealed the decision on 11 November 2020 to the independent Social Welfare Appeals Office; the appeal was disallowed, and they were notified of the outcome in writing.

While the person has paid self-employment (Class S) contributions, they have not paid any self-employment contributions before age 66. Under social welfare legislation, a self-employed contributor will not be regarded as satisfying the contribution conditions for State pension (contributory) unless the person has paid self-employment contributions in respect of at least one year prior to reaching age 66 and all self-employment contributions payable have been paid. As the person concerned does not have at least one year of self-employment contributions paid prior to their 66th birthday, their self-employment contributions cannot be used when assessing entitlement to State pension (contributory). The person concerned was notified in writing on 16/02/2023.

If the person considers that additional contributions or credits have not been recorded, it is open to them to forward documentary evidence to my Department and their application will be reviewed. It is also open to them to apply for State pension (non-contributory). This is a means-tested, residency-based payment for people of pension age. The maximum personal rate is approximately 95% of the maximum rate of contributory pension. I have arranged for an application form to issue.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (476)

Michael Creed

Ceist:

476. Deputy Michael Creed asked the Minister for Social Protection when a person (details supplied) in County Cork will have their application for their disability allowance approved; and if she will make a statement on the matter. [8463/23]

Amharc ar fhreagra

Freagraí scríofa

Disability 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 my department received an application for disability allowance (DA) from the person concerned on 29 December 2022.

The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

An information request letter was sent to the person concerned on 13 January 2023 to complete the DA application in full and to supply supporting documentation to determine their eligibility for DA. The requested information was received on 01 February 2023.

A further letter was sent to the person concerned on 16 February 2023 to supply additional supporting documentation and allowed 21 days for the return of the information.

On receipt of this information, a decision will be made and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the deputy.

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