Written Answers Nos. 417-432
417. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate the extent to which a person (details supplied) can retain part of her carer's allowance notwithstanding the fact that her son, after more than 20 years of total dependency on his mother, is now in institutional care, with weekends and special days with his mother; and if she will make a statement on the matter. [53158/23]
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.
I can confirm that the person concerned was in receipt of CA in respect of their son from 5 August 1999 until 11 October 2023.
It is a condition for receipt of CA that the person concerned must be providing full-time care and attention. The legislation states that a carer is regarded as providing full-time care and attention to a relevant person where the number of hours providing such care is not less than 35 hours in a period of 7 consecutive days, and care is provided on any 5 days, whether consecutive or not, within a period of 7 consecutive days.
In certain circumstances, a person may qualify for CA on a "holiday case" basis. This is when a care recipient has been admitted to a care facility but stays with the carer during holidays. When the care recipient is admitted to a care facility, the carer must submit a request for their CA payment to continue on a holiday case basis. If approved, the carer will remain in receipt of CA at a nil rate. During the period the care recipient is in their care, the carer must submit a letter from the care facility confirming these dates. Payment is made on an arrears only basis and the same rules for CA apply during this period. In order to receive a payment, the care recipient must be with the carer for four consecutive nights.
It is open to the person concerned to request their CA be considered as a holiday case. If they wish to do so, they should submit their request to the Department.
I hope this clarifies the position for the Deputy.
418. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if and when an exceptional needs payment might be awarded in the case of a person (details supplied), with particular reference to her need to fit out her new home; and if she will make a statement on the matter. [53162/23]
Amharc ar fhreagraAccording to the records of my Department, the person concerned has not made a recent application for assistance under the Supplementary Welfare Allowance (SWA) scheme.
If the person is experiencing financial difficulty, they can apply for an Additional Needs Payment (ANP) by completing a SWA1 form. The purpose of the ANP is to assist people with essential expenditure, which an eligible person could not be reasonably expected to meet out of their weekly income. Payments 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 ANPs are made under the SWA scheme administered by Designated Persons in the Community Welfare Service.
A SWA1 application form is available in all Intreo Centres and Branch Offices and can also be requested by calling the National CWS freephone line at 0818 60 70 80 or at www.eforms.gov.ie/en/forms/5. The completed application form together with any supporting documentation can be returned by freepost to Community Welfare Services, PO Box 1107, Newbridge, Co. Kildare, Freepost FKE 7512.
For the convenience of the person concerned, an application pack has issued to their home address. When a completed application has been submitted together with all necessary supporting documentation, the person's application will be assessed promptly and they will be advised of the outcome in writing.
I trust this clarifies the matter.
419. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate whether basic social welfare payment or exceptional needs payment might be awarded in the case of a person (details supplied); and if she will make a statement on the matter. [53164/23]
Amharc ar fhreagraAccording to the records of my Department, the person concerned is currently in receipt of an Illness Benefit payment at the full personal rate of €220 per week. The person has not recently applied for assistance under the Supplementary Welfare Allowance (SWA) scheme.
If the person is experiencing financial difficulties they can apply for an Additional Needs Payment (ANP) by completing a SWA1 form. The purpose of the ANP is to assist people with essential expenditure, which an eligible person could not be reasonably expected to meet out of their weekly income. Payments 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 ANPs are made under the SWA scheme administered by Designated Persons in the Community Welfare Service.
A SWA1 application form is available in all Intreo Centres and Branch Offices and can also be requested by calling the National CWS freephone line at 0818 60 70 80 or at www.eforms.gov.ie/en/forms/5. The completed application form together with any supporting documentation can be returned by freepost to Community Welfare Services, PO Box 1107, Newbridge, Co. Kildare, Freepost FKE 7512. Alternatively, the person can apply for an ANP at www.MyWelfare.ie.
For the convenience of the person concerned, an application pack has issued to their home address. When a completed application has been submitted together with all necessary supporting documentation, the person's application will be assessed promptly and they will be advised of the outcome in writing.
I trust this clarifies the matter.
420. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate the extent to which a home parenting pension will be available in the case of a person (details supplied); whether she is likely to benefit from recent extension of benefits announced in the Budget; and if she will make a statement on the matter. [53165/23]
Amharc ar fhreagraThe person concerned reached pension age on 19 June 2020 .
In order to qualify for standard State pension (contributory), an individual must have 520 full-rate paid contributions.
According to the records of my Department, the person concerned does not have the required 520 full rate paid contributions and therefore does not qualify for State pension (contributory).
The homemaker’s scheme and the home caring credits can be used to improve a person’s rate of pension entitlement. However, before an individual can avail of either of these schemes, they must satisfy the qualifying conditions for State Pension (contributory).
If the person concerned considers they have additional contributions from employment that have not been recorded, it is open to them to forward documentary evidence of the missing periods of employment to my Department and their pension entitlement will be reviewed.
As part of the series of landmark reforms to the State Pension system, I have introduced an enhanced State Pension provision from January 2024 for people who have been caring for incapacitated dependents for over 20 years (1040 weeks). The periods of care-giving do not need to be consecutive.
If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for the Long-Term Carers Contributions (LTCC). If the criteria are met, the equivalent of paid contributions may be attributed to cover caring gaps in their contribution record. The quickest way to apply is online at MyWelfare.ie.
Further information about the Long-Term Carer's Contributions and the changes to State pension (contributory) and are available on the Government website at gov.ie/pension
I hope this clarifies the matter for the Deputy.
421. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if a person (details supplied) qualifies for the fuel allowance; and if she will make a statement on the matter. [53166/23]
Amharc ar fhreagraFuel allowance (FA) is a means-tested payment to assist householders on long-term social welfare payments and persons aged over 70 towards the cost of their winter heating needs. Qualification for FA is subject to satisfying all the relevant qualifying conditions.
According to the records of my Department, the person concerned applied for a FA on 15/11/2023. In their application they confirmed there were two people living with them. The Deciding Officer having considered the application disallowed the claim on the basis one of the people residing with the person concerned is not a dependent. A decision letter issued to the person concerned on 15/11/2023 whereby they were afforded the opportunity to request a review and were further advised if their circumstances changed by could re-apply for FA.
I trust this clarifies the matter.
422. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason an overpayment was registered against a person (details supplied), given that the decision overturned a previous decision; and if she will make a statement on the matter. [53167/23]
Amharc ar fhreagraJobseeker's Allowance (JA) is a means-tested payment made to people who are unemployed and who do not qualify for Jobseeker's Benefit or Jobseeker’s Benefit for the Self-Employed.
To qualify for JA, a person must:
• be over 18 and under 66 years of age
• satisfy a means test
• be habitually resident in Ireland
• be capable of work
• be available for full-time work
• be genuinely seeking work
• be fully or partly unemployed (at least 4 days out of work in every 7)
According to the records of my Department, the person concerned was advised on 04/11/2023 that they had been overpaid as they had commenced a full-time ETB training course on 02/08/2023 and were paid their full JA payment to 08/08/2023. The person was afforded the opportunity to comment on the contents of this letter and invited to send to the Department any facts or evidence to be taken into consideration, within 14 days. As the person did not contact my Department a decision letter issued on 21/11/2023 in which the person was advised they had incurred an overpayment of €270. The person was also advised of their right to request a review of the decision made by the Deciding Officer and/or the right to appeal this decision to the Social Welfare Appeals Office.
The person is currently repaying an overpayment of €821.98 incurred during the period 21/11/2021 to 07/12/2021 as they were both employed and claiming JA at the same time.
The person has been repaying this overpayment at a rate of €10 per week. Their total debt balance as at 28/11/2023 for both overpayments stands at €481.99.
Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended). A person who has been overpaid social welfare has a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled. Where an overpayment is raised, the Department makes every effort to recover the amount overpaid.
Recovery is sought over a period without imposing undue financial hardship on the person. The Department will work with the person and consider personal circumstances in determining a repayment plan.
I trust this clarifies the matter.
423. Deputy Jim O'Callaghan asked the Minister for Social Protection the number of carers in each county receiving a lump sum payment of €400 the week of 27 November 2023, in tabular form. [53175/23]
Amharc ar fhreagraThis week, my Department will issue a once-off Carer's Support Grant payment of €400 to the country's carers. If a person received the €400 payment to people getting Disability Allowance, Invalidity Pension or Blind Pension, then they are not eligible for the once-off Carer's Support Grant payment.
Based on current recipient numbers, this payment will be made to 120,019 people. This figure is an estimate and may change as new applications are received and claims are closed.
The breakdown by county of this estimated number of recipients for whom this once-off payment is being made is shown in Table 1 below.
Table 1: Estimated number of recipients of the once-off Carer's Support Grant payment, by county.
|
County |
Recipients |
|
Carlow |
1,902 |
|
Cavan |
2,007 |
|
Clare |
2,795 |
|
Cork |
14,176 |
|
Donegal |
5,075 |
|
Dublin |
26,923 |
|
Galway |
6,058 |
|
Kerry |
4,087 |
|
Kildare |
5,007 |
|
Kilkenny |
2,231 |
|
Laois |
2,280 |
|
Leitrim |
946 |
|
Limerick |
6,268 |
|
Longford |
1,426 |
|
Louth |
3,748 |
|
Mayo |
3,660 |
|
Meath |
4,330 |
|
Monaghan |
1,484 |
|
Offaly |
2,676 |
|
Roscommon |
1,939 |
|
Sligo |
1,688 |
|
Tipperary |
5,090 |
|
Waterford |
3,182 |
|
Westmeath |
2,753 |
|
Wexford |
4,742 |
|
Wicklow |
3,479 |
|
Other |
67 |
|
Total |
120,019 |
424. Deputy Jim O'Callaghan asked the Minister for Social Protection the number people in receipt of the living alone allowance in each county receiving a €200 lump sum payment the week of 27 November 2023, in tabular form. [53176/23]
Amharc ar fhreagraThis week, my Department will issue a once-off Cost of Living Lump Sum payment of €200 to people in receipt of Living Alone Allowance.
Based on current recipient numbers, this payment will be made to 240,989 people. This figure is an estimate and may change as new applications are received and claims are closed.
The breakdown by county of this estimated number of recipients for whom this once-off payment is being made is shown in Table 1 below.
Table 1: Estimated number of recipients of the Cost of Living Lump Sum payment for those in receipt of Living Alone Allowance, by county.
|
County |
Recipients |
|
Carlow |
3,181 |
|
Cavan |
3,942 |
|
Clare |
6,710 |
|
Cork |
27,677 |
|
Donegal |
9,506 |
|
Dublin |
55,788 |
|
Galway |
12,755 |
|
Kerry |
9,351 |
|
Kildare |
7,833 |
|
Kilkenny |
4,467 |
|
Laois |
3,520 |
|
Leitrim |
2,408 |
|
Limerick |
10,716 |
|
Longford |
2,653 |
|
Louth |
6,461 |
|
Mayo |
8,650 |
|
Meath |
6,986 |
|
Monaghan |
3,268 |
|
Offaly |
3,710 |
|
Roscommon |
4,012 |
|
Sligo |
4,178 |
|
Tipperary |
10,022 |
|
Waterford |
6,984 |
|
Westmeath |
4,561 |
|
Wexford |
8,709 |
|
Wicklow |
6,547 |
|
Other |
6,394 |
|
Total |
240,989 |
425. Deputy Jim O'Callaghan asked the Minister for Social Protection the number of children in each county that will qualify for the lump sum of €100 to be during the week of 27 November 2023, in tabular form. [53177/23]
Amharc ar fhreagraThis week, my Department will issue a once-off Cost of Living Lump Sum payment of €100 to people getting an Increase for a Qualified Child.
I am informed by officials in my Department that it will require more time to compile the number of children on the Illness Benefit scheme that this payment will be made in respect of. However, based on current recipient numbers of all other schemes, this payment will be made in respect of 329,521 children. This figure is an estimate and may change as new applications are received and claims are closed.
The breakdown by county of this estimated number of children for whom this once-off payment is being made is shown in Table 1 below. The county breakdown refers to the address of the customer receiving the payment rather than the address of the Qualified Child.
Table 1: Estimated number of qualified children for which the Cost of Living Lump Sum payment is being made, by county
|
County |
Recipients |
|
Carlow |
5,550 |
|
Cavan |
5,627 |
|
Clare |
8,592 |
|
Cork |
31,732 |
|
Donegal |
15,513 |
|
Dublin |
78,339 |
|
Galway |
16,345 |
|
Kerry |
11,230 |
|
Kildare |
12,901 |
|
Kilkenny |
5,378 |
|
Laois |
6,457 |
|
Leitrim |
2,929 |
|
Limerick |
14,975 |
|
Longford |
4,608 |
|
Louth |
12,319 |
|
Mayo |
10,476 |
|
Meath |
11,779 |
|
Monaghan |
4,459 |
|
Offaly |
6,613 |
|
Roscommon |
4,972 |
|
Sligo |
4,999 |
|
Tipperary |
12,882 |
|
Waterford |
9,577 |
|
Westmeath |
7,609 |
|
Wexford |
13,419 |
|
Wicklow |
9,109 |
|
Other |
1,132 |
|
Total |
329,521 |
426. Deputy Peadar Tóibín asked the Minister for Justice if she will publicly release a report commissioned by her Department in 2021, A Rapid Evidence Review of Knife Crime; what recommendations were contained in the report; how many were acted upon; and if she will make a statement on the matter. [52915/23]
Amharc ar fhreagraThe circumstances giving rise to knife crime are complex and varied across society and include anti-social behaviour, street violence, youth offending and domestic violence. Therefore, single solutions to knife crime cannot be developed in isolation but need to be considered as part of strategic responses to the issues presented by the discrete societal cohort or category of criminal behaviour.
The report the Deputy refers to informed the work of a sub-group of the Forum on Anti-Social behaviour, which I chair as Minister of State. The sub-group considered a proposal to support enhanced community-based responses to the issue of knife crime, in particular with regard to young people. This includes support to Youth Diversion Projects (YDPs) who work with marginalised young people, including those who may carry knives. There are no plans at present to publish the report.
The subgroup is currently considering options including increasing public awareness, and what sanctions will be most effective to address the problem of knife crime.
My Department is engaging with An Garda Síochána and the Office of the Director of Public Prosecutions in relation to this matter and the work is ongoing.
427. Deputy Peadar Tóibín asked the Minister for Justice when she expects the Final Report of the High-Level Review Group of the Role of An Garda Síochána in the Public Prosecution System to be approved for publication by the Government; the reason for the delay; and if she will make a statement on the matter. [52916/23]
Amharc ar fhreagraFollowing a recommendation for a change to the public prosecution system made by the Commission on the Future of Policing in Ireland, a High Level Review Group (HLRG) on the Role of An Garda Síochána in the Public Prosecution System was established in September 2020 to conduct an evaluation and to recommend a preferred option for consideration by Government.
The HLRG was chaired by former Secretary General to the Government, Mr Dermot McCarthy, and was comprised of representatives from relevant stakeholders, including Government Departments, the Judiciary, An Garda Síochána, the Office of the Director of Public Prosecutions, the State Solicitors' Association, the NGO sector, academics, and legal practitioners. The Group completed its work in December 2022.
I intend to bring a Joint Memo for Government with the Department of the Taoiseach to Cabinet in the near future seeking approval for publication of the Final Report of the HLRG and setting out the next steps for the implementation of its recommendations.
428. Deputy Peadar Tóibín asked the Minister for Justice to explain the scope and purpose of the research Ethnic Monitoring in the Criminal Justice System commissioned by her Department in 2022; and when it will be finalised for publication; and if she will make a statement on the matter. [52917/23]
Amharc ar fhreagraThe research titled "Ethnic Monitoring in the Criminal Justice System," commissioned by the Department in 2022, is focused on understanding and addressing ethnic inequalities within the Irish Criminal Justice System.
Dr Avril Bannon from Maynooth University and Dr. Denis Bracken from the University of Manitoba are conducting this research. They aim to provide a comprehensive report addressing all aspects of ethnic monitoring in criminal justice, including its methodology, outcomes, and policy implications. The report is expected to be finalised in the first quarter of 2024.
429. Deputy Peadar Tóibín asked the Minister for Justice the number of flights which have been chartered by the State in the past five years to return failed asylum seekers or those denied entry to the country back to the point of origin, in tabular form; and if she will make a statement on the matter. [52918/23]
Amharc ar fhreagraWhen issued with a deportation order, the person concerned is required to remove themselves from the State. Many people comply with this and leave the country.
Enforced deportations are used as a matter of last resort, where the person concerned has not removed themselves or engaged with the Departments voluntary return programme.
It is the case that many hundreds of individuals who were subject to Deportation Orders have left the State without notifying the relevant authorities. The Garda National Immigration Bureau has reviewed a large sample of the cases from last year who were subject to deportation orders. Their inquiries suggest a very significant number of these individuals have left the State.
In 2023 to date, approximately 800 deportation orders have been signed, an increase on 2022’s total figure of 528.
In 2022, 248 people were confirmed as removed from the State under various immigration processes. Returns to date in 2023 are confirmed at 285.
I can advise the Deputy that the use of charter flights to facilitate the removal of multiple individuals of a particular country of origin who do not have permission to be in the State may be justified where there are sufficient numbers of such persons to make such an option cost effective.
The State has in the past participated in joint return operations with other EU Member States, where the State avails of seats on a chartered plane that lands in Ireland and collects people for return to one or more destinations. The State has also availed of seats on charter aircraft provided by other Member States departing from mainland Europe. These arrangements are reciprocal in nature and involves Ireland providing a similar service for other Member States to avail of on occasion.
There have been no charter operations since 2019. However, my Department, with the assistance of the Office for Government Procurement, is currently preparing a request for tenders from relevant service providers with a view to Ireland being in a position to carry out such operations from next year.
In the past five years, the State has participated in the following charters:
In 2018, Ireland availed of a joint return operation with the UK by availing of seats on a charter flight to Nigeria.
In 2019, Ireland led a charter plane in cooperation with Belgium and Iceland. The persons concerned were Georgian and Albanian nationals.
Those who are refused leave to land on arrival in the State are returned on flights with the relevant airline.
430. Deputy Peadar Tóibín asked the Minister for Justice the number of gardaí who took work-related stress leave and those who resigned from the force citing post-traumatic stress disorder as a reason for both; what supports are available from the State to current and former members of An Garda Síochána suffering from post-traumatic stress disorder in each of the past ten years, in tabular form; and if she will make a statement on the matter. [52920/23]
Amharc ar fhreagraI can assure the Deputy that An Garda Síochána is committed to protecting the health, safety and welfare of all Garda members and Garda staff. This commitment is reflected in the €6 million allocated for Garda wellbeing initiatives, additional medical costs and over 2,500 units of body armour in Budget 2024.
I also want to make it clear that I am very aware of how stressful and difficult the work of members of An Garda Síochána can be. There are a number of support systems in place to help Gardaí address issues of stress and mental health, including the Employee Assistance Service, trauma counselling, Psychological Support Programme, as well as peer support.
Last year An Garda Síochána launched 'Keeping Our People Supported', the Health and Wellbeing Strategy Statement and Action Plan 2021-2023. This plan identified three key goals to improve the health and welfare of Gardaí.
These goals were to identify, communicate and enhance existing resources to promote health, wellbeing and work ability across the organisation, to develop partnerships with key stakeholders inside and outside the organisation in order to to build capacity, and to provide support and advice.
A new wellbeing app KOPS ("Keeping Our People Supported") was launched as part of the strategy. The app makes support available to members of An Garda Síochána on a 24/7 basis and can be accessed on any mobile device. It was created to ensure members who may be distressed and in need of urgent assistance can access the supports available to them at any time.
I am advised that Garda Pensions do not record the reason for resignations, and therefore cannot provide the number of Gardaí that resigned due to work related stress or post-traumatic stress disorder.
The table below, which was provided to me by the Garda authorities, sets out the number of Garda members who have resigned from An Garda Síochána in the last 10 years, up until the end November 2023.
|
Year |
Number of Resignations |
|
2014 |
27 |
|
2015 |
20 |
|
2016 |
24 |
|
2017 |
41 |
|
2018 |
77 |
|
2019 |
72 |
|
2020 |
70 |
|
2021 |
94 |
|
2022 |
109 |
|
2023 ( up to end November) |
156 |
|
Total |
690 |
Please note that the figures are operational and may be subject to change.
I am advised that there is currently no specific sub-category on the Sickness Absence Management System for the recording of absences due to stress, anxiety or depression but in some cases, this is recorded under the Mental Health sub-category or in the comments field against another sub-category.
The table below, which was provided to me by the Garda authorities, sets out the number of Garda members who are recorded as taking sickness absence due to mental health illness.
|
Year |
Number of Garda Members |
|
2023 up to 26/11/2023 |
38 Members |
|
2022 |
50 Members |
|
2021 |
47 Members |
|
2020 |
51 Members |
|
2019 |
54 Members |
|
2018 |
58 Members |
|
2017 |
68 Members |
|
2016 |
61 Members |
|
2015 |
54 Members |
Please note that the figures are operational and may be subject to change.
The above statistics have been compiled using the Mental Health illness subcategory. There is no guarantee that all absences due to stress, anxiety or depression have been recorded under this sub-category.
I am advised that the figures for 2015 – 2022 are acquired from the Annual Commissioner Reports and are correct at the time each yearly report is run. I am further advised that the Garda authorities are unable to provide sick leave statistics prior to 2015 as the Sickness Absence Management System (SAMS) was only introduced in 2015.
431. Deputy Michael Creed asked the Minister for Justice the situation regarding an application for a student visa by a person (details supplied). [52964/23]
Amharc ar fhreagraI am pleased to inform the Deputy that the visa application referred to was granted on 20 November 2023 and the visa sticker was issued on the same day.
Queries in relation to the status of individual immigration cases may be made directly to my Department by e-mail using the Oireachtas Mail facility (inisoireachtasmail@justice.ie), which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response is, in the Deputy’s view, inadequate or too long awaited.
432. Deputy Carol Nolan asked the Minister for Justice her views on the status of An Garda Síochána as an impartial, neutral and apolitical organisation; if she supports the view that all members of An Garda Síochána, including the Garda Commissioner, should refrain from making overtly political statements in line with an instruction issued in 2015 by a former Garda Commissioner reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint; and if she will make a statement on the matter. [52970/23]
Amharc ar fhreagraIt has not been possible to collate the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
