Written Answers Nos. 272-285
272. Deputy Michael Creed asked the Minister for Social Protection if she will review an application for carers allowance by a person (details supplied) in County Cork; if she can confirm that her Department is not including unpaid lunch time hours in the calculation of hours worked in respect of this claim for carers benefit. [12089/23]
Amharc ar fhreagraCarer'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.
An application for Carer's Allowance (CA) was received from the person concerned on 29 July 2022.
It is a condition for receipt of Carer's Allowance (CA) that the person concerned must be providing full-time care and attention.
The evidence submitted in support of this application was examined and the Deciding Officer (DO) decided that the evidence did not indicate that this condition was satisfied.
The person concerned was notified on 27 August 2022 of this decision, the reason for it and of their right of review and appeal.
My Department was notified on 30 September 2022 that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). A submission outlining the DO decision was forwarded to the SWAO on 30 November 2022.
On 1 February 2023, the SWAO notified the person concerned that their appeal was disallowed.
Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts.
It is open to the person concerned to have the case reviewed if they reduce their working hours to 18.5 hours or less per week and furnish supporting documentary evidence to my Department.
I hope this clarifies the position for the Deputy.
273. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection when a person (details supplied) can now expect a decision regarding their PRSI classification. [12129/23]
Amharc ar fhreagraThe 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 Appeals Officer, having fully considered all the evidence, disallowed the insurability appeal of the person concerned by way of a summary decision on 7 July 2022.
Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. Subsequently, the solicitor representing the person concerned submitted additional evidence and the Appeals Officer agreed to undertake a review of his decision under section 317 of the Social Welfare Consolidation Act 2005. The person concerned and his legal representatives will be contacted when the review of his appeal decision, which will be carried out on a summary basis, has been finalised. This outcome will be issued as soon as possible.
I trust this clarifies the matter for the Deputy.
274. Deputy Richard Bruton asked the Minister for Social Protection if she can make provision to ensure that those persons who had been in receipt of illness benefit for a substantial number of years, commencing before there was a requirement to apply for invalidity pension, will not be denied a contributory old age pension on grounds of insufficient paid stamps, bearing in mind that had they switched to invalidity pension they would have automatically qualified for COAP at age 66, without regard to contributions, and their long period of certified illness shows they met the conditions for invalidity pension. [12145/23]
Amharc ar fhreagraThere are a number of payments and pensions paid by my Department to people over State Pension Age. One of these is the State Pension (Contributory) (SPC), currently qualification for which is based on a number of criteria:
- Be aged 66 or over.
- Have entered the Social Insurance system before you turn 56 (i.e., you must have paid PRSI contributions 10 years before you reach State Pension age).
- Have a minimum of 520 paid social insurance contributions (i.e., 10 years reckonable PRSI contributions).
It should be noted that 10 years is only the minimum requirement.
PRSI Credits are awarded in circumstances such as unemployment or illness, and their purpose is to help protect the social insurance entitlements of insured persons during periods when they may not be in a position to pay contributions.
There are currently two main methods of calculating State Pension (Contributory); the Yearly Average approach and the interim Total Contributions approach, with the claimant receiving a rate based on the "better of" the two calculations. Credits are applied under both methods, provided the minimum number of contributions set out above are met.
Under the Interim Total Contributions Approach to calculating the State Pension (Contributory), the total number of paid contributions can be supplemented by up to 20 years of credited contributions. These credits can take the form of HomeCaring periods (maximum of 20 years) or ordinary credits (maximum of 10 years) for reasons such as unemployment or illness. The total combined credits cannot exceed 20 years, for example a person may receive a maximum pension based on a record of 20 years paid PRSI contributions, 5 years jobseekers credits, and 15 years HomeCaring credits (before or after 1994).
Under the Yearly Average approach, credited contributions may be awarded in circumstances such as illness and unemployment. There is no limit to the number of credits used in the calculation of SPC, once a person satisfies the requirements of 520 paid contributions. In addition, the Homemakers Scheme allows up to 20 years (since 1994) spent caring for children under 12 years of age or for an incapacitated person(s) to be disregarded in calculating a person's yearly average number of contributions and credits, and for homemaker credits to be awarded for homemaking periods of less than a full contribution year.
A change in the rules and regulations governing the Illness Benefit scheme in 2009 included the introduction of a limit on the period for which Illness Benefit can be paid. Subject to the level of relevant PRSI contributions paid, Illness Benefit is now only payable for a maximum period of 2 years. Where a person exhausts their entitlement to a payment of Illness Benefit and is expected to remain unfit to attend work for a further period of at least 12 months, they have the option of making an application for Invalidity Pension or Disability Allowance.
At the time of the change mentioned above, those who had been in receipt of Illness Benefit on a long-term basis were, as an exceptional measure, afforded the option, subject to continued appropriate certification, to remain on Illness Benefit on a continuous duration basis or to make an application for Invalidity Pension or Disability Allowance.
Persons in receipt of Illness Benefit may avail of the credits outlined above.
Where a person reaches State Pension age and does not satisfy the conditions to qualify for a SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:
- The means-tested State Pension (Non-Contributory) (SPNC) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the SPC; or
- An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC pension where their spouse has a contributory pension; or
- Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the State Pension Contributory.
I hope this clarifies the matter for the Deputy.
275. Deputy Violet-Anne Wynne asked the Minister for Social Protection the changes that have been made to the household benefits package since the start of the Government term; and if she will make a statement on the matter. [12187/23]
Amharc ar fhreagraThe Household Benefits Package (HHB) comprises the electricity or gas allowance, and the free television licence. My Department will spend approximately €285 million this year on HHB for over 508,000 customers.
People over the age of 70 receive the HHB package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. The package is available to some people under the age of 66 who are in receipt of certain welfare type payments.
The changes introduced to the HHB package by the current Government are as follows: -
From the 11 October 2021, the allowable means for HHB purposes for those aged between 66-69 not in receipt of a qualifying payment was increased by €20 to €120 above the appropriate rate of State Pension (Contributory).
From the 6 January 2023, the allowable means for HHB purposes for those aged between 66-69 not in receipt of a qualifying payment was increased by €80 to €200 above the appropriate rate of State Pension (Contributory).
There has been no recent increase to the gas/electricity element of the HHB package as the limited resources available to the Department have instead been targeted at increases to core Social Welfare payments and also to more targeted payments such as the Fuel Allowance payment.
Any decision to enhance the HHB package would have cost implications and could only be considered while taking account of the overall budgetary context and the availability of financial resources.
I hope this clarifies the matter for the Deputy.
276. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlement to a contribution based pension in the case of a person (details supplied); her total number of eligible contributions for State pension; the extent to which all of their contributions have been totalled; the different categories of contributions calculable; the entitlement to full or pro-rata pension; their entitlement, if any, to contributions earned outside the State; and if she will make a statement on the matter. [12228/23]
Amharc ar fhreagraThe person applied for a State Pension (contributory) on 24 January 2020.
To be eligible for state pension (contributory) an individual must have entered insurable employment before attaining the age of 56 years and have at least 520 full-rate contributions.
According to the records of my Department, the person concerned has a total of 236 full-rate contributions. As the person concerned does not have the minimum of 520 full-rate contributions, they do not qualify for the state pension (contributory). They were notified in writing on 16 April 2020.
As the person concerned was employed in the VEC, they were also considered for a mixed insurance pension. To qualify for a mixed insurance pension, 520 employment contributions are required, of which at least 260 must be full-rate contributions with the remainder made up of modified contributions. As the person concerned did not have the required 260 full-rate contributions to qualify, they did not qualify for a mixed insurance pension.
I have arranged for a copy of the person's contribution record to be sent to them. If they consider that additional contributions or credits have not been recorded, it is open to them to forward documentary evidence to my Department and their record will be reviewed.
If the person concerned was employed in another EU Member State, or in a country with which Ireland has a bilateral social security agreement, they should notify my Department and their entitlement to a pro-rata state pension (contributory) based on a combination of their insurance record in another EU Member State, or in a country with which Ireland has a bilateral social security agreement, and their Irish insurance record will be examined.
A state pension (non-contributory) application was received on 17 August 2020. The claim was disallowed as the person's means exceeded the statutory limit. On 27 January 2023, the person concerned requested a review of this claim. Further documentary evidence was requested for the purposes of determining pension entitlement. As the requested information was not provided, the original decision stands. The person concerned was notified on 24 February 2023.
If the person concerned is now in a position to provide documentary evidence which sufficiently reflects their financial situation and which allows a Deciding Officer to assess their weekly means, they should contact my Department and request a review of their state pension (non-contributory) claim. Their claim will be reviewed and they will be notified of the outcome in writing.
I hope this clarifies the matter for the Deputy.
277. Deputy Verona Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the current vacancies within the children’s disability network teams in New Ross, County Wexford; the number of posts assigned to this team; the current status of the vacant posts; and if he will make a statement on the matter. [12014/23]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
278. Deputy Verona Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the number of children currently on a waiting list for services with the children’s disability network team in New Ross, County Wexford; and if he will make a statement on the matter. [12015/23]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
279. Deputy Verona Murphy asked the Minister for Children, Equality, Disability, Integration and Youth the number of children in County Wexford currently awaiting an assessment of need; and if he will make a statement on the matter. [12016/23]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
280. Deputy Aengus Ó Snodaigh asked the Minister for Children, Equality, Disability, Integration and Youth if he will provide an update on the case of a person (details supplied); and if he will make a statement on the matter. [12024/23]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
281. Deputy Catherine Connolly asked the Minister for Children, Equality, Disability, Integration and Youth if he will clarify whether child protection assessments are carried out in respect of all referrals of children to HSE Disability Services; if he will provide details of any analysis carried out by his Department on the operation of the HSE Disability Services referral system in the cases of children, particularly regarding the engagement between the HSE and Tusla during the child protection assessment process; if his attention has been drawn to delays in the delivery of HSE Disability Services to children as a result of delays in the carrying-out of child protection assessments by Tusla; and if he will make a statement on the matter. [12040/23]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
282. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth following publication of the 2022 Children's Disability Network Team Staff Census and Workforce Review, if he will provide a definition of therapy hours which clearly outlines the types of activities covered (details supplied); and if he will make a statement on the matter. [12155/23]
Amharc ar fhreagraAs this question refers to service matters, I have asked the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
283. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth the cost of running children's disability network teams by CHO, in tabular form; and if he will make a statement on the matter. [12156/23]
Amharc ar fhreagraAs this refers to service matters, I have asked the HSE to respond to the Deputy directly, as soon as possible.
284. Deputy Róisín Shortall asked the Minister for Children, Equality, Disability, Integration and Youth the number of hours a WTE Children's Disability Network Team employee is expected to work each year by discipline, in tabular form; if training is included in this figure; and if he will make a statement on the matter. [12157/23]
Amharc ar fhreagraAs this refers to service matters, I have as the Health Service Executive (HSE) to respond to the Deputy directly, as soon as possible.
285. Deputy Patrick Costello asked the Minister for Children, Equality, Disability, Integration and Youth if he will, within the international protection system, distinguish victims of trafficking in accommodation in order that they can take trips home to see family, as part of their recovery and integration process. [12007/23]
Amharc ar fhreagraAs the Deputy will be aware, my Department is responsible for the provision of accommodation to persons in the International Protection (IP) process. All matters and obligations relating to potential victims of trafficking who wish to leave the state is a matter for the Department of Justice.
It is possible for people residing in IPAS accommodation to be absent for a maximum of two weeks once an explanation for the absence has been provided in advance.
IPAS does not distinguish between Victims of Trafficking (VOTs) and non-VOTs for the purposes of being absent from an accommodation centre.
