Written Answers Nos. 447-466
447. Deputy Carol Nolan asked the Minister for Social Protection the number of genders currently recognised by her Department; if the expression transgender has been defined in Irish law; and if she will make a statement on the matter. [24024/23]
Amharc ar fhreagraThe Gender Recognition Act 2015 makes provision for a person to legally apply to have their preferred gender recognised by the State through the provision of a gender recognition certificate. The Act provides for the male gender and the female gender.
448. Deputy Carol Nolan asked the Minister for Social Protection further to Parliamentary Question No. 391 of 9 May 2023, the steps which have taken place from November 2019 to date in relation to the preparation of the legislation referred to in her response; when she expects to publish same; if she will list the dates of all meetings between her, or her predecessor, with officials in her Department or with the Attorney General which have taken place in relation to this legislation; and if she will make a statement on the matter. [24025/23]
Amharc ar fhreagraThe General Scheme of a Bill to amend the Gender Recognition Act was referred to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for pre-legislative scrutiny by my predecessor in 2019. It is not possible at present to indicate a specific timeframe for when this process will be complete. There have been no meetings between officials and myself, or my predecessor, in relation to this proposed legislation in the interim.
449. Deputy Robert Troy asked the Minister for Social Protection if she will provide details on the tendering process for the provision of meals for pupils at a school (details supplied). [24031/23]
Amharc ar fhreagraThe School Meals Programme provides funding towards the provision of food services to some 1,600 schools and organisations benefitting 260,000 children. The objective of the programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement.
Budget 2023 provided €94.4 million for the programme. The Government recently approved an additional €14.5m to allow access to the Hot School Meals scheme for all remaining DEIS schools from September 2023.
Funding under the school meals (local projects) scheme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided.
My Department provides the funding directly to the schools for the provision of school meals. Schools have responsibility to procure the provision of the food in compliance with Government procurement guidelines, HACCP, Food Safety regulations and the Nutritional Standards for School Meals. My department has no direct role in the procurement of school meals.
I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the programme that has taken place in recent years. In this regard, I intend to roll out the Hot School Meals to all remaining DEIS primary and Special schools from September 2023, benefiting more than 60,000 children.
In addition, my Department has contacted all remaining schools requesting they submit an expression of interest form if their school is interested in commencing the provision of hot school meals. The responses received will help to inform a policy for the future expansion of the programme on a phased basis.
I trust this clarifies the matter.
450. Deputy Jim O'Callaghan asked the Minister for Social Protection the reason a person (details supplied) has been refused an old age pension; and if she will make a statement on the matter. [24089/23]
Amharc ar fhreagraState pension (non-contributory) is a means-tested payment for people aged 66 and over who have a right of residence and habitually reside in the State and who do not qualify for a state pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.
An application for state pension (non-contributory) was received from the person concerned on 12 July 2012. On 29 August 2012, the case was referred to a Social Welfare Inspector to investigate the means of the applicant for pension eligibility purposes. On 11 December 2012, the Inspector returned the case to the Deciding Officer, advising that the applicant had failed to make themselves available for interview.
The Deciding Officer disallowed the person's application as they had failed to disclose their means by not making themselves available for interview by the Inspector. On 18 December 2012, the person was notified in writing of this decision, and of their right to request a review of the decision or to appeal the decision to the independent Social Welfare Appeals Office. There is no record that an appeal against the decision was received.
There is no record of any further contact from the person concerned with the Department.
I trust this clarifies the matter for the Deputy.
451. Deputy Fergus O'Dowd asked the Minister for Social Protection the position with regard to the issue where priests were prohibited from paying a contribution before 1988 and where those priests who have since retired are now unable to achieve a full State pension due to the lack of contributions; and if she will make a statement on the matter. [24102/23]
Amharc ar fhreagraThe social insurance system has been developed on an incremental basis since the current unified system was introduced in 1953. While the system is now very comprehensive, various groups of workers, including self-employed workers, were brought into cover and made liable to make contributions at differing periods over the years.
Ministers of Religion who were in employment (as a Minister of Religion) gained access to cover for the first time in 1974. However, this access was subject to an application to, and the agreement of, the then Minister for Social Welfare by an appropriate authority or body acting on behalf of the relevant ministers representing them that the services performed and conditions of appointment were analogous to other occupations which were already covered for social insurance purposes.
The provisions of the 1974 Act meant that all religious authorities or bodies had, if they so wished, the opportunity to apply for social insurance access for their employed members and, therefore, did not discriminate in any way against or in favour of any particular congregations. Only one such body applied over the period to 1988 and this group of ministers was accepted into cover.
Ministers of Religion who were engaged in secular employment e.g. as a teacher or a nurse gained access to cover for the first time. However, entry into cover was also subject to application to the Minister by an appropriate authority or body acting on behalf of the relevant ministers.
1988 saw significant changes to the scope of the social insurance system. Ministers of Religion who were in employment became insurable in the same way as other employed persons and the requirement for application to the Minister was deleted. Furthermore, those who were not in an employment but had income for (income) tax purposes were brought into cover as self-employed contributors.
These arrangements reflect the gradual extension of cover over the period 1974 to 1988 and it is not possible to disturb these arrangements for this group at this stage.
I trust this clarifies matters for the Deputy.
452. Deputy Jim O'Callaghan asked the Minister for Social Protection if a person (details supplied) is not receiving their full pension entitlement; and if she will make a statement on the matter. [24115/23]
Amharc ar fhreagraThe person concerned reached pension age on 12 November 2022.
According to the records of my Department, the person concerned has a total of 772 qualifying paid and credited social insurance contributions from their date of entry into employment in 1975, to the end of 2022. This equates to a yearly average of 16 contributions, giving entitlement to 65% of the maximum rate state pension (contributory) at €172.90 per week. To qualify for the maximum rate of State pension (contributory), a yearly average of 48 contributions is required.
The person concerned is in receipt of the correct rate of State pension (contributory), commensurate with their social insurance record as held by my Department.
I have arranged for a copy of the person’s social insurance contribution record to issue to them. If they consider that they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to my Department and their pension entitlement can be reviewed.
It is also open to the person concerned to apply for the means-tested state pension (non-contributory). The maximum rate equates to 95% of the maximum rate of state pension (contributory).
I hope this clarifies the position for the Deputy.
453. Deputy Robert Troy asked the Minister for Social Protection when a person (details supplied) can expect a decision on their social welfare appeal. [24126/23]
Amharc ar fhreagraThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision-making functions.
The Social Welfare Appeals Office has advised me that an invalidity pension appeal by the person concerned was registered in that office on 2 May 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. These papers were received from the Department on 17 May 2023 and referred on 18 May 2023 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
The current average processing time for an invalidity pension appeal with the Social Welfare Appeals Office is 20.9 weeks.
I trust this clarifies the matter for the Deputy.
454. Deputy Robert Troy asked the Minister for Social Protection the reason a person (details supplied) did not receive the €200 cost-of-living payment. [24128/23]
Amharc ar fhreagraOne of the persons concerned is in receipt of the State Pension (contributory) from my Department. The other named person is not in receipt of a social welfare payment.
The Spring Cost of Living Bonus is one of the range of measures put in place by the Government. It is one lump sum payment of €200 for each eligible person in receipt of a primary payment in their own right. The €200 lump sum payment was paid in the week commencing 24/4/2023 to over 1.2 million people in receipt of long-term social welfare payments at a cost of approximately €250 million.
According to the records of my Department, the person in receipt of State Pension (contributory) received the €200 lump sum payment with their State Pension (contributory) payment on 28th April 2023.
I hope this clarifies the position for the Deputy.
455. Deputy Michael Healy-Rae asked the Minister for Social Protection the amount of support that the Government will give to the construction industry that brings in workers from abroad (details supplied); and if she will make a statement on the matter. [24135/23]
Amharc ar fhreagraAchieving the goals set out in the Housing for All Strategy will require the recruitment of more than 50,000 new construction workers to meet the Government's current housing and retrofitting targets. In response to this need, the Future Building Initiative was established to work directly with jobseekers, supporting them through training and skills development, and matching them with recruiting employers. The Future Building Initiative operates through a team staffed by Intreo in my department, Solas and the Education and Training Boards and is part-financed under the Government’s Housing for All Implementation Fund.
As well as working with jobseekers in Ireland and through EURES across the EU/EEA, the team is looking at opportunities for recruitment from third countries where the necessary skills and experience may be available. At this stage, preliminary conversations have been held with the South African public employment service (PES) to examine the scope for suitably qualified professionals to come to Ireland to fill vacant roles here.
To date no recruitment events have been held by the Department for South African construction professionals.
My officials have contacted the Deputy offering to assist the construction sector employers he refers to and to welcome their involvement in future international recruitment activities.
I trust this clarifies matters for the Deputy.
456. Deputy John McGuinness asked the Minister for Social Protection if full carer's allowance will be approved for a person (details supplied); and if she will make a statement on the matter. [24173/23]
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.
If a person is in receipt of another social welfare payment in their own right (other than unemployment payments or supplementary welfare allowance) or is being claimed as a qualified adult on their spouse/partner's payment, a half-rate CA can be paid also as long as all the normal conditions for receipt of CA are satisfied.
The person concerned was in receipt of One Parent Family Payment (OPF) up to 2 March 2023 and, as a result, CA was paid to them at half-rate.
Following the cessation of the OPF payment, it has been decided that the person concerned is entitled to full rate CA from 9 March 2023. The weekly rate of payment has now been updated and arrears due for the period 9 March-17 May will issue to the person concerned this week.
The person concerned was notified on 16 May 2023 of this outcome and of their right of review and appeal.
I hope this clarifies the position for the Deputy.
457. Deputy Martin Browne asked the Minister for Social Protection the number of community welfare officers allocated to County Tipperary; and the number of vacant posts, broken down on a county and office basis. [24194/23]
Amharc ar fhreagraCWOs are physically on site daily in over 50 Intreo Centres across the country where they are available to be seen without an appointment, during business hours, Monday to Friday including at the Clonmel and Thurles Intreo Centres. In addition to meeting citizens in Intreo Centres, Branch Offices and DSP offices, CWOs can facilitate an appointment within a short time of a person requiring such a meeting, at a mutually agreed location, including at the person's home.
There are currently 14 Community Welfare Officers (CWOs) allocated to County Tipperary.
While local face-to-face engagement with clients continues to be a cornerstone of the community welfare service, it is important to mention that a person does not need to meet with a CWO to make an application and any person who needs to access the Community Welfare Service (CWS) can call the CWS National Contact Phoneline at 0818 60 70 80, to make an appointment or to speak directly to a CWO. A person can speak with a CWO over the phone if they do not wish to travel to meet with a CWO in person. CWS staff working on the phoneline are dealing with approximately 5,000 callers per month. This service is proving very popular with customers in rural areas, who can have their needs met without the requirement to travel.
The following schedule details the number of CWO vacant posts nationwide, broken down by county and office:
|
County |
Office |
No. Of Posts |
|
Cavan |
Cavan |
1 |
|
Carlow |
Carlow |
1 |
|
Cork |
Mallow |
1 |
|
Cork |
Cork City |
1 |
|
Dublin |
Coolock |
1 |
|
Dublin |
Parnell St |
1 |
|
Dublin |
Parkgate St |
1 |
|
Dublin |
Finglas |
1 |
|
Dublin |
Tallaght |
1 |
|
Dublin |
Dun Laoghaire |
1 |
|
Dublin |
Balbriggan |
1 |
|
Dublin |
Swords |
1 |
|
Donegal |
Dungloe |
1 |
|
Galway |
Galway |
1 |
|
Kerry |
Tralee |
1 |
|
Kilkenny |
Kilkenny |
1 |
|
Laois |
Portlaoise |
1 |
|
Limerick |
Newcastle West |
1 |
|
Mayo |
Ballina |
0.5 |
|
Roscommon |
Roscommon |
1 |
|
Wexford |
Enniscorthy |
1 |
|
Wicklow |
Bray |
1 |
|
Wicklow |
Arklow |
1 |
|
Locum |
Nationwide |
5 |
|
Total |
27.5 |
27.5 |
Work is underway to fill vacancies promptly which have arisen through various staff movements, including retirements and staff availing of mobility opportunities to other Departments.
I trust this clarifies the matter.
458. Deputy John McGuinness asked the Minister for Social Protection if partial capacity benefit will be approved immediately for a person (details supplied). [24196/23]
Amharc ar fhreagraPartial Capacity Benefit (PCB) is a social welfare scheme which allows a person to return to work or self-employment (if they have reduced capacity to work) and continue to receive a payment from my Department. An applicant must have been in receipt of Illness Benefit (for a minimum of 6 months) or Invalidity Pension prior to being awarded PCB and returning to work. To qualify for PCB, an applicant may not commence work until they have received written approval from my Department to do so.
The person concerned applied for PCB on the 6 March 2023. While this individual expressed a likelihood to return to work, no formal date for the commencement of employment was provided to my Department. On 3 May 2023, their application for PCB was disallowed as our records indicated they commenced work and failed to notify my Department of a commencement date, contrary to a request under Section 188 of the Social Welfare Act. The person concerned was advised of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office.
On 9 May 2023, the person concerned requested a review and has stated they will provide additional evidence to substantiate their claim. Once this review is complete, they will be notified of the decision.
I trust this clarifies the matter for the Deputy.
459. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of a payment application by a person (details supplied); and if she will make a statement on the matter. [24246/23]
Amharc ar fhreagraWhen the person concerned made an application for Illness Benefit, they stated on their application form that their most recent place of employment was in Sweden. In accordance with Article 11 of Regulation (EC) 883/2004, as amended, which stipulates that a person can only be socially insurable in one Member State, the application fell to be considered by the relevant authorities in Sweden.
The person concerned was advised that their claim has been transferred to the relevant authorities in Sweden for their consideration and relevant contact details were provided.
The person concerned is currently in receipt of assistance from my Department under the means-tested Supplementary Welfare Allowance scheme pending a determination of their claim by the Swedish authorities.
I trust this clarify the position for the Deputy.
460. Deputy Noel Grealish asked the Minister for Social Protection with regard to a person who has modified PRSI contributions before paying A class contributions, if the effective date of entry into insurance for the calculation of State pension contributory can be the date that the full-rate reckonable contributions started being paid, given that the modified PRSI contributions were paid from 1981 and full-rate reckonable PRSI contributions commenced in 1988; and if she will make a statement on the matter. [24250/23]
Amharc ar fhreagraThe Yearly Average method of calculating State Pension Contributory payment rates has been used since the introduction of the contributory Old Age Pension (now State Pension contributory) in 1961. The date of entry is the date of first contribution irrespective of the class of social insurance.
The interim Total Contributions Approach was introduced in January 2018. It simply adds paid and credited contributions together. 2,080 contributions (equivalent to 40 years) are required for a full rate payment with pro-rata payments for those who have the minimum required 520 paid contributions, but less than 2,080. Up to 20 years of Homecaring Periods can be claimed for time spend providing full time care to children under 12 or people aged over 12 who require an increased level of full-time care.
One of the landmark reforms to the State Pension system I announced last September is a ten-year phased transition to the Total Contributions Approach and the abolition of the Yearly Average method. This fairer system will calculate pension payments based on the number of social insurance contributions made by a person over his or her working life, with significant pension credits granted to people who have taken time out of the workplace for caring responsibilities.
During a transition period, individual pension rates will be based on the better of the Total Contributions Approach, or a rate based on a mix of the Yearly Average and Total Contributions Approaches, with the proportion accounted for by Yearly Average reducing from 90% to zero over 10 years and the proportion accounted for by the Total Contributions Approach increasing commensurately.
Officials in my Department are currently working on the legislation and systems to support the introduction of this change, which will be effective from 2024.
I hope this clarifies the matter for the Deputy.
461. Deputy Holly Cairns asked the Minister for Social Protection if her Department and public bodies or agencies that operate under her remit have policies in place to install artificial structures that provide shelter and habitat space for wild species, such as, but not limited to, insect hotels, bat boxes, nesting towers and beehives; and if she will make a statement on the matter. [24269/23]
Amharc ar fhreagraUnder the Government’s Climate Action policies, my Department is committed to responding to climate change and improving our environment for present and future generations.
A DSP Green Committee comprising staff and managers has been established, which promotes a greener, more ecological culture within my Department, coordinates green initiatives, champions sustainable practices, and fosters an overall culture of green thinking. This group is supported by green teams at local level looking at initiatives such as rewilding and low-maintenance planted areas to encourage bee and butterfly activity.
The Department's buildings are mostly in city and town locations with very limited external space. We are, however, assessing the feasibility of installing insect hotels and beehives in some of my Department’s buildings.
462. Deputy Holly Cairns asked the Minister for Social Protection if she will clarify whether returning review letters for child benefit can still be sent by freepost, or if individuals are required to pay for the postage; and if she will make a statement on the matter. [24354/23]
Amharc ar fhreagraChild Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16 and 17, if they are in full-time education or full-time training or have a disability and cannot support themselves.
Child Benefit scheme stopped the provision of freepost envelopes to customers in 2017.
In cases where a customer writes freepost on an envelope or uses a freepost envelope from another scheme, it is deemed appropriate from both a Customer Service and a Data Protection perspective that the Department accept the charges associated with same and ensure the documents are directed to the appropriate scheme area within the Department.
I trust this clarifies the matter for the Deputy.
463. Deputy Holly Cairns asked the Minister for Social Protection if she will improve the State pension (contributory) for foster carers by extending the number of homecaring periods that a foster carer can accrue throughout the years they foster; and if she will make a statement on the matter. [24356/23]
Amharc ar fhreagraMatters related to foster caring are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth and Tusla.
More widely, this Government acknowledges the important role that carers play and is fully committed to supporting them in that role. Accordingly, the current State Pension (Contributory) system provides for a range of measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate. Foster carers are entitled to the benefits of the Homemaker’s Scheme or HomeCaring Periods, on the same basis as other carers, and will qualify if the carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, they can still qualify for Homemaker’s Scheme or HomeCaring Periods provided the caring periods are confirmed by Tusla.
Despite these measures, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory). They may for example have difficulty establishing the minimum number of 10 years' paid contributions.I announced a series of landmark reforms to the State Pension system in September. The measures are in response to the Pensions Commission’s recommendations and represent the biggest ever structural reform of the Irish State Pension system.
One of the most important reforms agreed by Government is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of paid contributions to long-term carers to cover gaps in their contribution record. My Department will develop a system to register those caring periods so that the relevant contributions can be attributed to a long-term carer.
My officials are currently working to implement the reforms, including the drafting of legislation and development of administrative and IT systems as necessary.
I hope this clarifies the matter for the Deputy.
464. Deputy Eoin Ó Broin asked the Minister for Social Protection the reason pensioners in receipt of the qualified adult increase receive the Christmas bonus but were not paid the recent cost-of-living increase that was paid to pensioners on the State pension (contributory) and (non-contributory). [24360/23]
Amharc ar fhreagraThe €200 Spring lump sum payment was paid to 1.3 million recipients in receipt of long-term social welfare payments. This lump sum was paid in late April and cost approximately €261 million.
The payment was made to primary recipients of a qualifying payment only.
This support was paid to a cohort defined on a similar basis to the Christmas Bonus, including to those on jobseeker's payments or Illness Benefit for over 12 months; with the addition of recipients of the Working Family Payment.
This lump sum is one of a range of Spring Cost of Living supports valued at over €410 million announced in February this year, this includes a €100 Child Benefit lump sum in June, an additional €100 on the rate of the Back to School Clothing and Footwear Allowance and an extension of the Hot School Meals programme.
The February package follows on from a €2.2 Billion Social Protection Budget 2023 Package - the largest in the history of the state – which included eight lump sum payments in the last quarter of 2022.
My Department also brought in measures earlier in 2022 to help households with increasing prices, for example, two Fuel Allowance lump sums were paid in March and May and the Back to School Clothing and Footwear Allowance was increased by €100.
465. Deputy Michael Healy-Rae asked the Minister for Social Protection if an appeal by a person (details supplied) has been registered; and if she will make a statement on the matter. [24361/23]
Amharc ar fhreagraThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised me that a carer's allowance appeal by the person concerned was registered in that office on 16 May 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. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
The Appeals Office is also dealing with a disability allowance appeal from the person concerned. The Appeals Officer initially disallowed the appeal. However, the decision is currently under review based on a request by the person concerned. It is envisaged that the outcome of this review will be issued to the person concerned in the near future.
I trust that clarifies the matter for the Deputy.
466. Deputy Paul Kehoe asked the Minister for Social Protection the current status of the disability allowance application for a person (details supplied); when a decision will be made; and if she will make a statement on the matter. [24364/23]
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 confirm that my Department received an application for DA from the person concerned on 15 December 2022. Based on the evidence supplied in support of this person’s application, their claim was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 11 February 2023 and was given the right to a review or an appeal.
The person concerned requested an appeal with the independent Social Welfare Appeals Office (SWAO). The person's file was forwarded to the SWAO for consideration on 4 April 2023.
The person will be notified directly by the SWAO, regarding the outcome of the appeal.
I trust this clarifies the matter for the Deputy.
