Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Thursday, 28 Sep 2023

Written Answers Nos. 184-205

School Admissions

Ceisteanna (184)

Bernard Durkan

Ceist:

184. Deputy Bernard J. Durkan asked the Minister for Education the reason that a person (details supplied) was not consulted regarding the placement of their daughter in respect of her second-level education; and if she will make a statement on the matter. [42099/23]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that officials from my Department have requested additional information in order to fully answer the query below.

Departmental Policies

Ceisteanna (185)

David Stanton

Ceist:

185. Deputy David Stanton asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the way she is supporting children under 16 who have remarkable athletic potential; and if she will make a statement on the matter. [41953/23]

Amharc ar fhreagra

Freagraí scríofa

Sport Ireland, which is funded by my Department, is the statutory body with responsibility for the development of sport, increasing participation at all levels and raising standards, including the allocation of funding across its various programmes.

I have referred the Deputy's question to Sport Ireland for direct reply.  I would ask the Deputy to inform my office if a reply is not received within 10 days.

A referred reply was forwarded to the Deputy under Standing Order 51

Caiteachas Ranna

Ceisteanna (186)

Mairéad Farrell

Ceist:

186. D'fhiafraigh Deputy Mairéad Farrell den Aire Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán maidir le ceist 74 ar an 21 Feabhra 2023, an bhfuil dáta ar fáil don athrú ar na cuaillí a bhí geallta laistigh den bhliain ag na Pointí Grianghrafadóireachta ar Shlí an Atlantaigh Fhiáin (details supplied); agus an ndéanfaidh sí ráiteas ina thaobh. [41954/23]

Amharc ar fhreagra

Freagraí scríofa

Tá ról mo Roinne maidir le turasóireacht suite go príomha i réimse an bheartais náisiúnta turasóireachta agus is ceist do na gníomhaireachtaí turasóireachta, d’Fháilte Éireann agus do Thurasóireacht Éireann, chomh maith le comhlachtaí áirithe eile, é cur i bhfeidhm an bheartais sin. 

Is ábhar oibriúcháin do Fháilte Éireann an cheist a ardaíodh. Dá réir sin, chuir mé an cheist seo orthu le freagairt dhíreach a sheoladh chuig an Teachta. Cuir in iúl do m’oifig phríobháideach le do thoil mura bhfaigheann tú freagra laistigh de dheich lá oibre.

A referred reply was forwarded to the Deputy under Standing Order 51

Office of Public Works

Ceisteanna (187)

Holly Cairns

Ceist:

187. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage to detail any investigation into the potential use of the Baltimore Station House by the OPW; and to provide the reasoning behind the Land Development Agency's refusal to use the Baltimore Station House for its own purposes. [41889/23]

Amharc ar fhreagra

Freagraí scríofa

I understand that the Office of Public Works (OPW) have confirmed that they have no involvement with Baltimore Station House and have not expressed any interest in acquiring it.  Requests in respect of the OPW's involvement in respect of the property should be addressed to the Minister for Public Expenditure, NDP Delivery and Reform who has responsibility for the Office. 

The Land Development Agency (LDA) Act 2021 defines relevant public land as land within a Census town owned by a relevant public body and requires those public bodies to offer relevant public land to the Agency prior to any disposal, for the Agency to assess whether that land is suitable for housing or other development within the Agency's remit.

I understand that the LDA received correspondence from Fáilte Ireland in January 2023 indicating the Baltimore Station House property was surplus to their requirements and enquiring as to whether or not the LDA had an interest in acquiring same.

I am informed that the LDA responded to Fáilte Ireland in February 2023 indicating that the property is not of interest to the LDA for the purposes of the LDA Act. Furthermore, I understand that the property is not located in an area defined as relevant public land for the purposes of the LDA Act or intended to be the focus of LDA housing development or land aggregation activity as it is located in a population centre of less than 10,000 persons.

The LDA are actively developing affordable and social homes on State lands in other areas of Cork. For example, construction work is underway at the St Kevin's Hospital site in Cork City, where 265 new homes are to be delivered.

Housing Policy

Ceisteanna (188)

Richard Bruton

Ceist:

188. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if affordable homes for purchase or cost rental, developed by the LDA or by AHBs, will be allocated to prospective clients through the local authorities; if the mix between cost rental and affordable purchase will be a matter for the local authorities or the respective developer, and if the retained equity share will be held by the Council or by the LDA or AHB. [41975/23]

Amharc ar fhreagra

Freagraí scríofa

Housing for All commits to deliver 54,000 affordable homes to either purchase or rent between now and end 2030, with 29,000 delivered by end 2026. These homes are being delivered through Local Authorities, Approved Housing Bodies (AHBs) and the Land Development Agency (LDA). Local authorities develop Housing Strategies which include addressing the need for affordable housing in their area, informed by the analysis of the Housing Needs and Demand Assessment (HNDA) tool.

Homes delivered through AHBs and LDA are allocated based on relevant provisions of the Affordable Housing Act 2021.

In the case of affordable purchase homes delivered by the LDA under the Local Authority Affordable Purchase Scheme, this must be through an arrangement with the relevant local authority in accordance with Part 2 of the Affordable Housing Act. This enables a local authority to assess how such delivery fits with the Authority's broader strategy for mixed tenure delivery in the local area. In such a case it is the local authority in question which advertises the homes, accepts applications, assesses eligibility in line with the legislation, implements its Scheme of Priority, and retains the equity share. Where a local authority arranges for the delivery of affordable purchase homes with AHBs, the same applies.

In the case of Cost Rental homes delivered by the LDA or AHBs, the local authority has a consultative role in order to ensure alignment with its broader mixed-tenure delivery objectives, particularly regarding the presence of any social housing element. In such cases, the LDA or the AHB is responsible as the Cost Rental landlord for advertising vacancies, accepting applications, and allocating tenancies to eligible tenants. This is done in accordance with Part 3 of the Affordable Housing Act 2021 and the Affordable Housing Act 2021 (Cost Rental Letting and Eligibility) Regulations 2021, as recently amended with regard to net household income limits.

Housing Policy

Ceisteanna (189)

Richard Bruton

Ceist:

189. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if the increase in the Central Bank recommendation on raising the ratio of mortgage to income from 3.5 to 4.0 has been fully carried over into the terms of first homes and of a local authority's affordable purchase schemes, and if he will outline how the approved equity injection is now calculated. [41977/23]

Amharc ar fhreagra

Freagraí scríofa

The raising of the ratio of mortgage to income from 3.5 to 4 times for first-time buyers, as mandated by the Central Bank of Ireland, came into effect on 1 January this year.  With regard to the First Home Scheme, this change was carried over on the same date. Full details of the First Home Scheme are available at: www.firhomescheme.ie.

The Local Authority Affordable Purchase Scheme is governed by the Affordable Housing Act 2021 and its associated Regulations. The ratio of mortgage to income change was fully incorporated into updated Regulations (Affordable Housing Regulations, and Affordable Housing (No.2) Regulations), which I signed on 27 January this year.

In the case of both schemes, the equity is still calculated as a percentage of the open market value. In the case of the First Home Scheme, the equity is calculated based on the monetary support provided to bridge the gap between a purchaser's mortgage capacity and deposit, and the market price. In the case of the Local Authority Affordable Purchase Scheme, the equity is calculated on the difference between the market price and the purchase price.

Housing Policy

Ceisteanna (190)

Richard Bruton

Ceist:

190. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he has considered extending the equity supports for affordable purchase beyond new homes [41978/23]

Amharc ar fhreagra

Freagraí scríofa

Housing for All delivers on the Programme for Government commitment to step up housing supply and put affordability at the heart of the housing system. 

There are two equity schemes currently available to support the affordable purchase of homes to eligible applicants.

The First Home Scheme is operated by a Designated Activity Company (DAC), governed by a Board of Directors comprising representatives of the scheme funders, i.e. the State, AIB, Bank of Ireland, and Permanent TSB. As such, any expansion of the scheme would be a matter for consideration by the First Home Scheme DAC and its Board. 

Under the Local Authority Affordable Purchase Scheme (LAAPS), affordable homes are made available by local authorities, with the focus on new-build homes in order to increase supply in those areas where affordable homes are needed most. LAAPS is governed by the Affordable Housing Act 2021 and its associated Regulations (S.I. 20/2023, and S.I. 21/2023).

Mortgages for second-hand properties are already available to eligible applicants through the Government-backed Local Authority Home Loan, details of which are available at www.localauthorityhomeloan.ie. 

As Minister, I continue to consider all options that support innovation and the delivery of affordable homes under Housing for All.

Housing Schemes

Ceisteanna (191)

Richard Bruton

Ceist:

191. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he will indicate whether the interest rates charged on loans under the local authority home loan have been increased to reflect rising ECB rates; if he will indicate what is the current rate charged, with and without mortgage protection insurance; the total payment which has to be paid per month per €1000 of loan, and whether this rate has incorporated all the prospective changes based on the most recently set ECB rate. [41979/23]

Amharc ar fhreagra

Freagraí scríofa

The Local Authority Home Loan is a Government backed mortgage scheme for those who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build.

Local authorities borrow from the Housing Finance Agency to finance their lending under the Local Authority Home Loan scheme. Following engagement with the Department of Public Expenditure, NDP Delivery and Reform, sanction for new lending of up to €250 million was secured for the scheme in 2023.

The rate of interest on a housing loan shall be such rate as may be fixed from time to time by the Minister, provided that the rate shall not be less than the rate at which money is lent to housing authorities by the Housing Finance Agency for the purpose of making such housing loans. As such, the interest rate is not directly linked to ECB refinancing rates; however, as the cost of finance to the HFA is determined by the cost of finance on international markets, the monetary policy decisions of the ECB do ultimately have an influence. Loans issued under the Local Authority Home Loan must be on a prudential basis so as to protect the financial interests of both borrowers and local authorities, which may result in interest rate changes for future funding tranches.

The Housing Finance Agency (HFA) advised recently that due to a rise in the long-term wholesale interest rate and increased interest rate volatility, that the fixed interest rate for all new loans drawn down under the Rebuilding Ireland Home Loan (RIHL) and Local Authority Home Loan (LAHL) will increase by 0.65% and 0.60% for 25 and 30 year terms respectively. This increase incorporates funding conditions experienced in recent months. Consequently, this has resulted in increases to rates for borrowers.

The increases to be charged to new borrowers for loans drawn down after 1pm on Thursday 28 September 2023 onwards are as follows:

• For mortgages up to 25 years the interest rate to be applied will be increased from 3.35% to 4%

• For mortgages over 25 and up to 30 years the interest rate to be applied will be increased from 3.45% to 4.05%

The total cost to local authority borrowers for new loans is set out below. These include the LA Mortgage Protection Insurance. The local authority mortgage protection insurance scheme has applied to all house purchase loans approved by local authorities after 1 July 1986, including the Local Authority Home Loan scheme. Local authority mortgage protection insurance, for life only cover, is currently charged at the rate of 0.182%.

LOCAL AUTHORITY HOME LOAN Interest Rates (new loan from 28/9/23)

Fixed rate for terms of up to 25 years

Fixed rate for terms over 25 years up to 30 years

Interest Rate charged to local authority borrowers

4%

4.05%

MPI (life only)

0.1820%

0.1820%

TOTAL COST TO BORROWER including MPI

4.182%

4.232%

The total payment per month per €1,000 of a loan therefore is:

• 25 Year loan: €5.43 (€5.28 + €0.15)

• 30 Year loan: €4.95 (€4.80 + €0.15)

Further information on the Local Authority Home Loan Scheme can be found at localauthorityhomeloan.ie/

Housing Schemes

Ceisteanna (192)

Richard Bruton

Ceist:

192. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if the interest rates charged on the equity in later years under the first homes scheme have been altered in the face of rising ECB rates; if he will indicate what is the current rate chargeable, and if this rate has incorporated all the prospective changes based on the most recently set ECB rate. [41980/23]

Amharc ar fhreagra

Freagraí scríofa

The First Home Scheme is operated by a Designated Activity Company (DAC), governed by a Board of Directors comprising representatives of the scheme funders, i.e. the State, AIB, Bank of Ireland, and Permanent TSB. 

First Home does not apply an interest rate. A service charge applies to the percentage value of unredeemed equity from year 6 in order to cover administrative costs associated with the equity facility. This is at a rate of 1.75% between year 6 to 15, increasing to 2.15% between years 16 to 29 and to 2.85% from year 30 onwards. These figures are set out in the First Home contract. 

Any consideration of a change to the service charge is a matter for the First Home Scheme DAC.

Further information on the First Home Scheme service charge is available at: www.firsthomescheme.ie/about-the-scheme/managing-your-equity-facility/.

Housing Policy

Ceisteanna (193, 194)

Richard Bruton

Ceist:

193. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the ceiling for income which he has set for the following respective housing supports: a local authority home loan, a social tenancy and a cost rental tenancy; if he has plans to review these thresholds; and if he will make a statement on the matter. [41981/23]

Amharc ar fhreagra

Richard Bruton

Ceist:

194. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the current ceiling for the purchase of a home using a local authority home loan and if he has plans to review this ceiling. [41982/23]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 193 and 194 together.

The Local Authority Home Loan is a Government-backed mortgage for those who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build.

With a Local Authority Home Loan you can borrow up to 90% of the market value of a residential property. As of 1 March 2023, the maximum market values of the property that can be purchased or self-built are:

• €360,000 in Dublin, Kildare, and Wicklow, or

• €330,000 in Cork, Galway, Louth and Meath, or

• €300,000 in Clare, Kilkenny, Limerick, Waterford, Westmeath and Wexford, or

• €275,000 in Carlow, Cavan, Donegal, Kerry, Laois, Leitrim, Longford, Mayo, Monaghan, Offaly, Roscommon, Sligo and Tipperary.

The market value of the property can be above these limits if the property is available through the Local Authority Affordable Purchase Scheme. In such cases it is the purchase price of the property, which takes into account the local authority's stake in the home, which must be below the relevant price limit.

The income limits for the Local Authority Home Loan, which are based on gross income, were also increased from 1 March 2023. Previously, single applicants seeking to purchase homes in Cork, Dublin, Galway, Kildare Louth, Meath and Wicklow could not earn in excess of €65,000 and must have earned less than €50,000 if seeking to purchase in the remaining counties. For joint applicants, the income limit was €75,000. From 1 March 2023, single applicants must not have earned greater than €70,000 annual gross income in the previous tax year, while joint applicants must not have earned greater than €85,000 combined gross income in the previous tax year.

Given the recent increases, there are no plans at present to change the income or house price limits, however, they are kept under review.

Further information on the Local Authority Home Loan scheme is available on the dedicated website localauthorityhomeloan.ie/

With regards to income eligibility for social housing, which is based on net income, the Social Housing Assessment Regulations 2011, as amended, prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy.

The baseline social housing income thresholds were increased by €5,000 with effect from 1 January 2023. The thresholds, for single applicants, increased to €40,000, €35,000 and €30,000 for bands 1, 2 and 3 respectively, in net income terms. Details on the local authorities in each income band are available at the following link: www.gov.ie/pdf/?file=https://assets.gov.ie/236056/59ecede4-f862-4c5d-bf5a-e1a1d4ff9a63.pdf#page=null

An initial scoping and data gathering exercise for the preparation of potential options for a revised Social Housing income eligibility model has commenced. This work is ongoing. Once completed, detailed analysis and review will be required in advance of finalising options for myself and Government.

As regards cost rental income ceilings, which are also based on net income, the Government recently increased the net income thresholds for Cost Rental eligibility, effective from 1 August 2023, to replace the former national income threshold of €53,000. Prospective Cost Rental tenants must have a total net annual household income not exceeding €66,000 in the four Dublin local authority areas and not exceeding €59,000 in the rest of Ireland, as per the Cost Rental Eligibility Regulations 2023: www.irishstatutebook.ie/eli/2023/si/374/made/en/pdf

Question No. 194 answered with Question No. 193.

Housing Policy

Ceisteanna (195)

Richard Bruton

Ceist:

195. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the ceilings on rents supported by HAP for different household composition, different areas, and for those at risk of homelessness, and if he has plans to alter these ceilings. [41983/23]

Amharc ar fhreagra

Freagraí scríofa

Maximum rent limits for the Housing Assistance Payment (HAP) were set for each housing authority area in 2016, in conjunction with the Department of Social Protection (DSP).  In reviewing rent limits, my Department worked closely with DSP and monitored data gathered from the Residential Tenancies Board and the HAP Shared Services Centre. In prescribing these limits, household size and prevailing rents in the relevant areas are taken into consideration. The HAP rent limits were increased significantly, in the order of 60% in some cases.  Maximum rent limits for the HAP scheme are set out for each housing authority area by the Housing Assistance Payment (Amendment) Regulations 2017. 

Under Housing for All, my Department was tasked with undertaking an analytical exercise to examine whether an increase in the level of discretion available to local authorities under HAP is required. The Housing Agency undertook to carry out this analytical exercise on behalf of my Department to better understand what level of discretion should be made available to local authorities under HAP to maintain adequate levels of support.

Since 11 July 2022 each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and for new tenancies to extend the couple’s rate to single persons households. Discretion can be increased up to 50% above the prescribed maximum rent limits for Homeless HAP tenancies in Dublin. It should be noted that it is a matter for the local authority to determine if the application of the discretion is warranted on a case by case basis and also the level of additional discretion applied in each case. 

My Department continues to keep the operation of the HAP scheme under review and closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis.

Housing Schemes

Ceisteanna (196)

Michael Lowry

Ceist:

196. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage the reason that the timeframe for the approval to completion of works under the croí cónaithe (towns) fund was reduced from 18 months to 13 months; what the rationale behind this decision was, especially considering that the initial 18-month timeframe was already proving difficult to achieve; and if he will make a statement on the matter. [42004/23]

Amharc ar fhreagra

Freagraí scríofa

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. In July 2022 the Vacant Property Refurbishment Grant was launched to support bringing vacant and derelict properties back into use.

From 1 May 2023, a grant of up to a maximum of €50,000  is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent, including the conversion of a property which has been previously used for commercial and public use heretofore, subject to appropriate planning permission being in place.

Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000.

The grant is available in respect of vacant and derelict properties built up to and including 2007, in towns, villages, cities and rural areas.

A maximum of two grants are available to any applicant, of which one must be in respect of a home they intend to occupy as their principal private residence and the other may be in respect of a property which will be made available for rent.

In order to support the timely delivery of properties, from May 2023, once a grant application receives approval, applicants must complete works applied for within a period of 13 months.

Currently payment of grants is issuing some 12 months from date of approval, as works are completed.  

When the Croí Cónaithe Towns Fund was launched, a commitment was given that the schemes funded by it would be kept under ongoing review. A comprehensive review and evaluation of the schemes under the Croí Cónaithe Towns Fund, including the Vacant Property Refurbishment Grant, will be undertaken by mid-2024.

Departmental Policies

Ceisteanna (197)

Carol Nolan

Ceist:

197. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if there are plans to ban the shooting of woodcock and snipe; if so, the timeline for same; and if he will make a statement on the matter. [42019/23]

Amharc ar fhreagra

Freagraí scríofa

A public consultation of the Open Seasons Order (OSO) was carried out in early 2023, providing all interested stakeholders and the general public with an opportunity to input their views on policy issues. The National Parks and Wildlife Service (NPWS) of my Department subsequently engaged external expertise to review the c. 2,500 responses to the survey on the OSO, along with the outcome of the very productive stakeholder engagement meeting held in April 2023, and to develop recommendations arising from same.

Following an analysis of the public survey and stakeholder consultation, I made the decision to amend the Open Seasons Order to remove four species of wild bird – the Scaup, Goldeneye, Pochard and Pintail. The extensive range of submissions received during the public consultation contained several useful recommendations and suggestions, many of which will be actioned by NPWS in the coming months. These include:

- the need for collaboration across various groups and agencies

- the need for collation of good quality, current data on bird populations and hunting activity

- recognition of the impact of habitat degradation, disturbance and climate change on bird populations

The NPWS is committed to strengthening the evidence base that informs decision making around the OSO. Work will be undertaken with regard to the trialling of survey techniques with a view to improving our knowledge on the populations of species such as Woodcock and Snipe wintering in Ireland. In parallel, a Sustainable Hunting of Wild Birds Stakeholder Forum will be established to facilitate dialogue with stakeholders. Details of this will be communicated to relevant parties in the coming weeks.

Housing Schemes

Ceisteanna (198)

Noel Grealish

Ceist:

198. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if the year-long guarantee to landlords of the State element of HAP payments when the tenant has defaulted on their contribution, can be backdated to cover the period when the eviction moratorium due to Covid-19 was in place, as landlords were faced with no income and were precluded from issuing a Notice to Quit during that period; and if he will make a statement on the matter. [42029/23]

Amharc ar fhreagra

Freagraí scríofa

During the Covid-19 emergency, the HAP Debt Management Process (DMP) was suspended from March 2020 and partially re-commenced in October 2020. This meant non-payment of differential rent by a tenant during that time did not affect payments to HAP landlords. Tenants were, however, expected to continue to pay their rent with supports available for those financially impacted by Covid.

Tenants that incurred arrears during the Covid-19 emergency were given additional time to engage with the HAP Debt Management Unit to clear their arrears, as well as access to payment plans as a specific Covid measure. The standard debt management process was reinstated from 6 September 2021.

In March 2023, additional measures were agreed in order to ease the impact of the end of the winter emergency period, including to amend the HAP scheme to guarantee payment to landlords where the tenant defaults on payment of differential rent. 

Since 1 May 2023 when a HAP tenant defaults on their differential rent payment to the local authority they have been offered the option of a payment plan to assist them in maintaining their tenancy and allow the HAP payment to the landlord to continue.

Tenants in the HAP scheme are required to sign a rent contribution agreement to pay a weekly rental contribution to the relevant local authority, in line with the local authority’s differential rent scheme. As set out in the rent contribution agreement, this weekly rental contribution must be paid by them so that they remain eligible for the HAP scheme.

If the tenant defaults on payment of differential rent or the payment plan, under the Landlord Payment Guarantee, the HAP payment to the landlord is guaranteed for a maximum of 12 months or less if the tenancy ends. The Landlord Guarantee will only be applicable to tenancies reaching suspension stage of the HAP debt management process from the 1 May 2023.

Social Welfare Benefits

Ceisteanna (199)

Paul Kehoe

Ceist:

199. Deputy Paul Kehoe asked the Minister for Social Protection if she can confirm the status of the review and appeal of the disability allowance application for a person (details supplied); and if she will make a statement on the matter. [41900/23]

Amharc ar fhreagra

Freagraí scríofa

The 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 appeal by the person concerned was registered in that office on 23 August 2023.  It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection.  These papers were received in the Social Welfare Appeals Office on 14 September 2023. 

The case was referred to an Appeals Officer on 20 September 2023, who will in due course make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Ceisteanna (200)

Patricia Ryan

Ceist:

200. Deputy Patricia Ryan asked the Minister for Social Protection what measures she can implement to end the discrimination against many disabled people in receipt of disability allowance, a benefit paid to disabled people directly, who are at risk of losing the benefit should they marry because the benefit is means tested. [41936/23]

Amharc ar fhreagra

Freagraí scríofa

Disability Allowance is a means-tested social assistance scheme, which is also subject to a medical assessment and habitual residency requirement.  It is the nature of means-tested schemes that, above a certain level of means, a person is not entitled to any payment, as their means are deemed to be sufficient to provide for their needs.

All income and capital, such as savings, investments and property other than the family home, where applicable, are assessable for means calculation purposes.

If a claimant is married, in a civil partnership or cohabiting, the means of the couple will be assessed.  This is the case even if only one of the couple is claiming a payment. 

This approach reflects the policy of ensuring that those with the least amount of income or capital receive the maximum available support from the State, while those with larger amounts of income, savings or property contribute, partially or fully, towards meeting their needs.  Applying a means assessment for schemes such as Disability Allowance ensures that State supports are directed to those most in need of them.

I trust this clarifies the matter for the Deputy. 

Social Welfare Benefits

Ceisteanna (201)

Marian Harkin

Ceist:

201. Deputy Marian Harkin asked the Minister for Social Protection if she will consider increasing the income threshold for fuel allowance for those in receipt of the living alone allowance (details supplied); and if she will make a statement on the matter. [41939/23]

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 my Department in as targeted a manner as possible.  To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria.  This ensures that the Fuel Allowance payment is targeted at 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. 

As part of the overall welfare Budget 2023 package of €2.2 Billion, a number of considerable reforms were made to the Fuel Allowance Scheme.  These reforms included a new means threshold for those aged over 70 of €500 for a single person and €1,000 for a couple.  The means threshold is based on gross income.  In addition, for people aged 70 or over, the amount of capital (savings and investments) that is disregarded in the means test for Fuel Allowance was increase from €20,000 to €50,000. Savings over €50,000 are assessed on a proportionate basis only.

The weekly means threshold for those aged under 70 was also increased by €80 to €200 above the appropriate rate of State Pension (Contributory). 

The increased allowable means threshold for people who are married, cohabiting or in a civil partnership acknowledges that the overall cost of living for this cohort is higher than for a single person and the fact that the Department pays an Increase for a Qualified Adult on many of its primary payments is recognition of this.

The Government will continue to monitor the cost-of-living situation closely and how it can support people on low incomes and those on social welfare payments who are at risk of fuel poverty.  However, any further widening of the thresholds for accessing the fuel allowance scheme can only be considered while taking account of the overall policy and budgetary situation.

Finally, my Department provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources.  These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (202)

Darren O'Rourke

Ceist:

202. Deputy Darren O'Rourke asked the Minister for Social Protection when a decision will be made on the social welfare appeal of a person (details supplied) in County Meath; and if she will make a statement on the matter. [41941/23]

Amharc ar fhreagra

Freagraí scríofa

The 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 the original appeal by the person concerned was registered in that office on 10 September 2022.  It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection.  These papers were received in the Social Welfare Appeals Office on 12 January 2023. 

The Appeals Officer having fully considered all of the available evidence, including that adduced at an in-person oral hearing held in February 2023, decided to disallow the appeal relating to the assessment of weekly means for the purposes of determining entitlement to Carer's Allowance.  The person concerned was notified of the Appeals Officer's decision.   

The Chief Appeals Officer has power under section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision of an Appeals Officer where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts. 

I understand a request for such a review was made to the Chief Appeals Officer in April 2023.  The necessary claim papers were again requested from the Department.  The time taken to complete such reviews depends on the complexity of the case and the decision being appealed.  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.

I am advised that the Section 318 review by the Chief Appeals Officer in this case has now been completed.  Having carefully considered all of the available evidence, regrettably the Chief Appeals Officer found no reason to revise the original decision of the Appeals Officer.  The outcome of the review was issued to the person concerned on the 26th September 2023 outlining in detail the manner in which the weekly means of the appellant were determined from the date of claim for Carers Allowance. 

I am also advised that arrangements are being for the issue of a copy of the Social Welfare Inspector's report of 5 July 2022 to the person concerned.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (203)

John McGuinness

Ceist:

203. Deputy John McGuinness asked the Minister for Social Protection if an exceptional needs payment will be approved for a person (details supplied). [41952/23]

Amharc ar fhreagra

Freagraí scríofa

The purpose of the Exceptional Needs Payment (ENP) is to assist people with essential expenditure, which an eligible person could not reasonably be expected to meet out of their weekly income.  ENPs 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.

Applications for ENPs are made under the Supplementary Welfare Allowance scheme administered by Designated Persons in the Community Welfare Service in my Department.  Supports from this Department are not intended to cover circumstances where another Government Department or Agency has a primary responsibility.

The person concerned applied for an ENP to assist with the purchase of a new heat pump.  This claim has been disallowed on the basis that responsibility for this type of support rests with the Sustainable Energy Authority of Ireland.  A letter issued to the person concerned on 22/09/2023 advising them of this outcome and affording them the opportunity to request a review of the decision.

Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.

I trust this clarifies the matter.

Social Welfare Eligibility

Ceisteanna (204)

Aengus Ó Snodaigh

Ceist:

204. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection to clarify whether or not, in a situation such as that of a person (details supplied), where the 24/7 care of a person is split between their three children, each of whom is working full-time, even one of those three carers could be eligible for carer's allowance; if not, the other financial supports that are in place for such a family; and how they should apply for free incontinence pads. [41960/23]

Amharc ar fhreagra

Freagraí scríofa

Firstly, I would like to take this opportunity to extend my condolences to the family of the person concerned on their recent bereavement.

Carer's Allowance 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.

In order to qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention and that the person being cared for requires that level of care.

Means are any income belonging to the carer and their spouse / civil partner / cohabitant, property (except their own home) or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.

The person being cared for must have such a disability that as a result they require full-time care and attention.  This is defined as requiring from another person, continual supervision, and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.  In addition, the carer must be providing this level of care and may not be not engaged in employment or education for a combined total of more than 18.5 hours each week.

Alternatively an applicant may have an entitlement to Carer's Benefit (CARB).  CARB is a PRSI based payment made to a person who leaves the workforce to care for a child or an adult in need of full-time care and attention.   In order to qualify, the applicant must have paid a certain number of PRSI contributions.  Only contributions at Class A, B, C, D, H and E can be counted towards Carer's Benefit. 

Applications forms for CA and CARB can be found at any Intreo or Citizens' Information Office Nationwide or can be downloaded from the Department's website www.welfare.ie. 

For information in relation to incontinence care and the provision of incontinence products, please see the HSE website www.hse.ie.

I hope this clarifies the position for the Deputy.

State Pensions

Ceisteanna (205)

Paul Kehoe

Ceist:

205. Deputy Paul Kehoe asked the Minister for Social Protection the current status of the contributory pension for a person (details supplied); when a decision can be made on this application; and if she will make a statement on the matter. [41962/23]

Amharc ar fhreagra

Freagraí scríofa

The person concerned reached pension age on 26 December 2022.  An application for State Pension  (Contributory) was received on the 22 March 2023. The pension was awarded with effect from 26 December 2022 at the maximum weekly rate.  The decision issued on 23 September 2023.

The first payment will issue to their nominated financial institution on 29 September 2023. This payment will also include arrears due for the period 26 December 2022 to 28 September 2023.

I hope this clarifies the position for the Deputy.

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