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Gnáthamharc

Thursday, 29 Feb 2024

Written Answers Nos. 216-238

Raidió Teilifís Éireann

Ceisteanna (216)

Brendan Griffin

Ceist:

216. Deputy Brendan Griffin asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the precise remit given to the Government HR/Governance report into RTÉ; what exactly they are asked to investigate; and if she will make a statement on the matter. [9933/24]

Amharc ar fhreagra

Freagraí scríofa

The terms of reference of the Reviews of Governance and Culture and of Contractor Fees, HR and Other Matters were published on 4 July 2023.

The terms of reference of the Review of Governance and Culture are:

i) Conduct an examination of RTÉ’s corporate governance framework and advise the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media on whether the corporate governance framework:

(a) reflects best governance practice for Commercial State Bodies as set out in the Code of Practice for the Governance of State Bodies;

(b) complies with the relevant legislative provisions which apply to RTÉ; and

(c) includes a robust system of internal governance, including appropriate divisions of responsibilities, operational procedures, internal checks and balances relevant to the organisational context of RTÉ and direction and oversight by the Executive Board and the RTÉ Board. This will include an examination of the barter account and its governance.

ii) Where applicable, make recommendations to the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media on changes to RTÉ’s corporate governance framework to ensure robust public accountability.

iii) Provide an assessment of any organisational cultural characteristics and ways of conducting business within RTÉ, including staff morale and engagement, as well as the impact of RTÉ’s commercial income activities on its public service remit, identified from the corporate governance review or otherwise, that are likely to have contributed to the findings in the Grant Thornton reviews commissioned by RTÉ in relation to both the 2021-2022 overpayments and 2017-2019 period.

iv) Arising from this assessment, make recommendations to reform organisational culture, which supports staff engagement and a positive working environment, and to deliver a more open, transparent, and accountable organisation.

The terms of reference of the Review of Contractor Fees, HR and Other Matters are:

i) Examine the oversight and mechanisms by which RTÉ engages presenters and contractors, including fees, the use of agents, the impact on costs borne by RTÉ and the governance of same;

ii) Examine issues arising from the use of short term employment contracts at all levels;

iii) Examine employment terms and conditions with particular emphasis on gender equality, diversity and inclusion; and whether any of the existing recruitment and HR practices, in particular those outlined above, have an impact on equality and opportunity;

iv) Make recommendations to the Minister in relation to the above matters.

In light of the complementary nature of the reports, the Minister expects that they will be submitted to her together in March.

Electoral Process

Ceisteanna (217)

Violet-Anne Wynne

Ceist:

217. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 165 of 22 February 2024, if any of the inaccessible polling stations referred to are in County Clare; and if he will make a statement on the matter. [9872/24]

Amharc ar fhreagra

Freagraí scríofa

The selection of polling stations at electoral events is a matter for returning officers. At the 2020 general election there was one inaccessible polling station in the constituency of Clare.

Where it is not possible to acquire premises for polling stations that are or can be made accessible to wheelchair users, returning officers must give public notice of these premises. They are advised to do so as soon as possible but, as a minimum, they are required to do so no later than eight days before polling day. This is to give electors adequate time to apply to have their vote transferred to an alternative accessible polling place if they so wish.

Departmental Schemes

Ceisteanna (218)

Frankie Feighan

Ceist:

218. Deputy Frankie Feighan asked the Minister for Housing, Local Government and Heritage if he will provide an update on the conservation advice pilot grant scheme (details supplied). [9766/24]

Amharc ar fhreagra

Freagraí scríofa

The Conservation Advice Scheme for Vacant Traditional Farmhouses was a pilot scheme operated by my Department in 2023. It supported the provision of expert advice to private owners of vacant farmhouses who were availing of or considering applying for the Vacant Property Refurbishment Grant.

Applications were received from 70 owners for the 2023 pilot scheme, with 34 approved for funding. All 34 approved projects were completed and drew down funding.  My Department is engaging with the Department of Public Expenditure, NDP Delivery and Reform in relation to proposals to operate the scheme again in 2024.

The scheme is designed to help owners of traditionally constructed buildings to understand the heritage value of these structures and the special requirements of historic building fabric. The ultimate intent is to prompt owners to make more effective and appropriate investments in their buildings, whether these investments are self-financed or funded through the Vacant Property Refurbishment Grant or other government schemes.

My Department used the reports funded under the scheme only to confirm they were of an adequate standard to permit drawdown of the grant. The professional advice contained within the plans is for the use of the owner when undertaking work to their own property.

In addition to the Vacant Property Refurbishment Grant, owners may be able to fund works through the Built Heritage Investment Scheme (BHIS) or the Historic Structures Fund (HSF). These schemes for the support of historic buildings are funded by my Department but administered in the main by the Local Authorities. Owners interested in availing of this funding should contact the Architectural Conservation Officer or Heritage Officer in their Local Authority, who will be best placed to advise.  

EU Funding

Ceisteanna (219)

Holly Cairns

Ceist:

219. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage to provide a breakdown of all EU funding made available to his Department which has not yet been allocated; and the purpose for which this funding has been made available by the EU. [9809/24]

Amharc ar fhreagra

Freagraí scríofa

All EU funding made available to my Department in 2024 has been allocated to the appropriate Subhead in my Department's Vote.  My Department does not have any EU funding available which has not yet been allocated.  

Details of the EU funding received in my Department are set out in Appendix 2 to the Revised Estimates for Public Service (REV) which is available at the following link. www.gov.ie/pdf/?file=https://assets.gov.ie/285063/3ee53a50-7885-4e6b-a789-bce6a9196e2f.pdf#page=null    In addition, earlier this month my colleague, Minister O'Donnell, launched the new scheme, Town Centre First Heritage Revival Scheme (THRIVE), which is a new €120m grant scheme for local authorities to be delivered under Ireland's two European Regional Development Fund (ERDF) Programmes.  An allocation of €7.2m will be provided in 2024 and will be made available to local authorities to renovate disused heritage buildings in cities, regional growth centres and key towns.

Housing Schemes

Ceisteanna (220)

Sorca Clarke

Ceist:

220. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage the legislation under which an EU/EEA national, habitually resident in Ireland for five years, is required to provide documentary evidence of having worked for 52 weeks in the State and have a minimum of 52 weeks PRSI contributions and/or show evidence of current employment where they pay PRSI contributions to be eligible to apply for social housing support. [9826/24]

Amharc ar fhreagra

Freagraí scríofa

Applications for social housing support are assessed by local authorities in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

As social housing support is intended to address a household’s long-term housing need it is expected that households applying for such support have a long-term right to reside in the State. Guidance has been issued to local authorities to determine whether a non-national applicant has a long-term right to reside in the State and, thus, may be considered for social housing support where his or her household has a housing need and meets all of the required criteria. My Department also continues to provide guidance and updates as needed on related policy matters in accordance with National and EU law.

In this context, the Government has recently approved the drafting of the Housing (Miscellaneous Provisions) Bill 2024 which includes provisions to introduce a requirement for legal and habitual residence as an eligibility criterion for social housing support. I recently wrote to the Chair of the Joint Committee on Housing, Local Government and Heritage, enclosing the general scheme and advising that my Department is happy to assist the Committee in the course of its deliberations as part of the pre-legislate scrutiny process.

Defective Building Materials

Ceisteanna (221)

Cian O'Callaghan

Ceist:

221. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage when he expects to publish legislation underpinning the scheme for repairs to defective Celtic Tiger era apartments; and if he will make a statement on the matter. [9848/24]

Amharc ar fhreagra

Freagraí scríofa

I fully acknowledge the difficulties that homeowners and residents of many apartments and duplexes are facing in relation to building defects. This Government is committed to helping those whose lives have been impacted by this issue, with full funding for eligible remediation works that ensure they can remain living in their homes.  

Since I received Government approval to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in apartments and duplexes, constructed between 1991 and 2013, my Department has been advancing the steps to put the remediation scheme on a statutory footing as a matter of priority.  Given the complexity of the issues, including the significant amount of Exchequer funding that this Government has committed to assist affected homeowners, sufficient time is required to ensure that the scheme is fit for purpose, provides value for tax payer’s money and contains appropriate oversight and governance measures.  It is expected the draft legislation will be published in the coming months and that, subject to the legislative process, the statutory scheme will be in place later this year.

In December 2023 I announced the opening of the Interim Remediation Scheme for the funding of emergency fire safety defect works. The majority of remediation activities covered by the Interim Remediation Scheme will be to the common areas of buildings only, unless deemed necessary. Owners’ Management Companies (OMCs) will receive funding to carry out the necessary remedial works.  Thus, only applications from authorised representatives of OMCs will be considered. Funding will not be directly allocated to any individual homeowner through this Interim Remediation Scheme.  The Interim Remediation Scheme is being administered by the Housing Agency and applications can be made via their website at www.housingagency.ie

As of 31 January, 79 applications are being progressed across 22 local authority areas, representing a total of 7,412 residential units.

Housing Provision

Ceisteanna (222)

Violet-Anne Wynne

Ceist:

222. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 179 of 22 February 2024, his views on two further applications for affordable purchase schemes in Ennis that were received by his Department in December 2023 and January 2024 and are currently under assessment; if that assessment has now been completed; and if he will make a statement on the matter. [9875/24]

Amharc ar fhreagra

Freagraí scríofa

I welcome the efforts that are being made by Clare County Council to develop an affordable housing delivery programme that will respond effectively to localised affordable housing needs that it has identified in its functional area, including the key urban centre of Ennis. 

The Affordable Housing Fund (AHF) is open and available to support all local authorities to address any affordability needs identified in their area. Circular 23/2021 issued to all local authorities on 25 June 2021 and provides guidance on preparing an application for Affordable Housing Fund (AHF) assistance, including an overview of the marking matrix used to assess applications. Circular 06/2023 issued to all local authorities on 21 February 2023 and provides further guidance for local authorities such as Clare where localised need with affordability constraint has been identified.

Assessment of two applications for Affordable Housing Fund assistance at Ennis continues in my Department, in conjunction with the Housing Agency, and in liaison with Clare County Council as appropriate, in accordance with guidance and assessment criteria in place. 

My Department, along with the Housing Agency and the Housing Delivery Coordination Office of the Local Government Management Agency will continue to advise and support Clare in respect of its planned response to affordable housing needs in its area.

Wastewater Treatment

Ceisteanna (223)

Violet-Anne Wynne

Ceist:

223. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he will report on his plans in respect of each of the 51 individual settlements in County Clare without wastewater treatment, in tabular form; and if he will make a statement on the matter. [9879/24]

Amharc ar fhreagra

Freagraí scríofa

As set out in the Programme for Government “Our Shared Future”, the Government is committed to continue investment in our rural communities and to support proportionate growth of rural towns and villages to help attract people to live in these locations.

My Department continues to invest in water and wastewater infrastructure to support the development of those rural towns and villages that are not currently served by Uisce Éireann.

More than €243 million of funding, over the period 2021 to 2025, has been provided under the National Development Plan for non-Uisce Éireann investment in rural water infrastructure. This includes €175 million to support the Rural Water Programme and, of this, €50m has been committed specifically to address the requirements for villages and similar settlements without access to public waste water infrastructure.

My Department launched the Waste Water Collection and Treatment needs for villages and settlements without access to Public Waste Water Services programme to support demonstration projects that can inform a longer-term strategic approach to this issue.

I recently approved funding for specific projects under this programme, including for two villages (Broadford and Cooraclare) in County Clare. My Department has written directly to Clare local authority outlining the required next steps to enable these projects to commence and be delivered to completion as quickly as possible.

Future approaches to small towns and villages without public waste water treatment facilities in County Clare and elsewhere will be will be informed by the progress on these demonstration projects.

Water Quality

Ceisteanna (224)

Violet-Anne Wynne

Ceist:

224. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage to provide an update on the works to improve water quality in west Clare with respect to remedying the continued issues with drinking water; and if he will make a statement on the matter. [9883/24]

Amharc ar fhreagra

Freagraí scríofa

Uisce Éireann has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local level, including investment in drinking water treatment plants and distribution networks.  Under Section 7 of the Water Services (No. 2) Act 2013, my Department has no operational function in this matter.

However, it may be helpful to note that Uisce Éireann has established a dedicated team to deal with representations and queries from public representatives.

The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 0818-578578.

The Environmental Protection Agency, as the Environmental Regulator, is the key statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of Uisce Éireann and local authorities, of environmental legislation, including compliance with Drinking Water and Urban Wastewater Directives. The EPA is an independent public body established under the Environmental Protection Agency Act, 1992.

Architects Register

Ceisteanna (225)

Jim O'Callaghan

Ceist:

225. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he supports a general legal definition of the role of archaeologist; and if he will make a statement on the matter. [9891/24]

Amharc ar fhreagra

Freagraí scríofa

While the law as it stands does not provide for a general definition of the role of archaeologist, the work of archaeologists is subject to statutory regulation in a number of ways. Archaeological excavation cannot be undertaken lawfully except where permitted by a relevant licence or consent issued under the National Monuments Act 1930, as amended. Since the early 1990s it has been the practice of the National Monuments Service of my Department to ask prospective applicants for archaeological excavation licences (other than those coming in certain circumstances from other EU member states where “archaeologist” is deemed a “regulated profession” for purposes of EU law) to attend an interview at which their competence in archaeological excavation is assessed. While the law as it stands does not allow applications from persons who have not attended this interview to be deemed invalid, the competence of applicants as demonstrated at interview is central to determinations as to whether or not to issue licences for proposed archaeological excavations, and this is specifically referenced in the published Government policy on archaeological excavation (Policy and Guidelines on Archaeological Excavation, as issued in 1999 and still current). Indeed, the existence of these procedures was sufficient for archaeologist to be considered by the European Commission as a “regulated profession” in Ireland for the purposes of European Union law on the recognition of professional qualifications, as is now reflected in Irish law in the European Union (Recognition of Professional Qualifications) Regulations 2017 ( S.I. No. 8 of 2017 ).

Although certain aspects of the work of archaeologists such as desk based assessment or field inspection in advance of development are not subject to regulation, clear definitions of the scope and function of these activities have been set out in the Government policy on archaeological heritage and development (Framework and Principles for the Protection of the Archaeological Heritage, as issued in 1999 and still current). As a Government and Ministerial policy, planning authorities are required to have regard to it in the exercise of their functions in the planning system, and this means there is clarity as to what the tasks in question involve and as to the need for professional archaeological expertise.

When commenced, section 152 of the recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 will greatly strengthen the powers of the Minister to require licence applicants (or persons working under their direction) to have their competence assessed prior to a licence being issued for an activity regulated under the Act. Moreover, a number of activities carried out on a regular basis as part of professional archaeological work, such as archaeological monitoring, which are not clearly subject to regulation under the existing legislation will be brought clearly within the scope of regulation under Part 6 of the Act (when commenced).

 The Act of 2023 will also, when commenced, provide a specific statutory basis for the issuance of a range of guidance and for the Minister to work with professional and other relevant bodies to promote best practice. As matters stand, the National Monuments Service is already actively engaged in working with the Institute of Archaeologists of Ireland to support the growth of that body as a professional body and to enable it to develop appropriate standards of professional practice.  

Having regard to the above, I do not consider it necessary or useful to pursue at this time the putting in place of a general legal definition of the role of archaeologist, and I believe that the correct focus should now be on early implementation of the Act of 2023, supported by a range of appropriate guidance and standards issued by my Department and other appropriate bodies.

International Agreements

Ceisteanna (226)

Jim O'Callaghan

Ceist:

226. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage how Ireland is implementing Standard EN17652:2022 for the assessment and monitoring of archaeological deposits for preservation in-situ; and if he will make a statement on the matter. [9892/24]

Amharc ar fhreagra

Freagraí scríofa

My Department is not currently considering the standard referred to and would need to review its content and legal standing before taking any steps in relation to it. Ireland’s policy on archaeological heritage is based on the provisions of the 1992 European Convention on the Protection of the Archaeological Heritage (the Valletta Convention) and this informs all relevant policies and legislation.

Ireland has had on a longstanding basis two key Government policy and guidance documents addressing archaeological standards, the Framework and Principles for Protection of the Archaeological Heritage (dealing with approaches to reconciling archaeological heritage and development and which states clearly that there should be a presumption in favour of preservation in-situ and that it should be the first option to be considered) and the Policy and Guidelines on Archaeological Excavation, which provides a policy framework for the statutory system of licensing archaeological excavation.

Section 3 of the recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 will (when commenced) require the relevant authorities exercising functions under the Act to take due account of the principle “that the first option to be considered should be the protection in situ of historic heritage and that there ought to be a presumption in favour of this option”. The Act will also provide a clear statutory basis for the Minister with responsibility for heritage to engage with and support other bodies in developing standards and best practice. As matters stand the National Monuments Service is actively engaged with the Institute of Archaeologists of Ireland in regard to assisting that body in developing a set of an updated and comprehensive professional standards for archaeological practice. 

International Agreements

Ceisteanna (227)

Jim O'Callaghan

Ceist:

227. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage how Ireland is implementing the provisions of the Valletta Convention; what resources are provided for implementation; and if he will make a statement on the matter. [9893/24]

Amharc ar fhreagra

Freagraí scríofa

The existing National Monuments Acts 1930 to 2014, and the Planning and Development Act 2000, currently enable compliance with the Valletta Convention with its aim of the protection of archaeological heritage as a source of the European collective memory and as an instrument for historical and scientific study.

The more recently enacted Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023, (HAHMP), will further strengthen such compliance, and in some cases may be interpreted as being even more comprehensive and encompassing than the Valletta Convention in some areas.

Work has now been initiated across a number of areas within the National Monuments Service of my department to enable the provisions of the HAHMP to be implemented, and this work will be ongoing.

It is important to note that planning law will remain crucial to ensuring the integration of archaeological heritage into the planning and development system, which will be addressed in the new Planning and Development Bill 2023 just as comprehensively as under existing planning law

International Agreements

Ceisteanna (228)

Jim O'Callaghan

Ceist:

228. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage how Ireland is implementing the Water Framework Directive; what resources are provided for implementation; and if he will make a statement on the matter. [9894/24]

Amharc ar fhreagra

Freagraí scríofa

The EU Water Framework Directive (Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy) establishes a common framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater.  River basin management planning, structured in six-year cycles, along with its associated Programme of Measures, is the tool prescribed by the Directive for achieving these aims.

Building on the successful elements of the first River Basin Management Plan cycle, the Government introduced new high-level structures for implementation of the WFD as part of the second-cycle river basin management plan that covered the period 2018-2021. These new implementation bodies are supported by regional local authority structures, comprising of 5 regional committees, which drive the delivery of supporting measures at local level.  These structures are further supported by the Local Authority Waters Programme (LAWPRO), which acts as a local government national shared service and is funded by my Department.

A significant element of the engagement by the Local Authorities in implementing the WFD is through nitrates inspections. Within the local authority sector, the local authority National Agricultural Inspection Programme was established to undertake agricultural inspection and enforcement under the Good Agricultural Practice Regulations with guidance and oversight provided by the EPA. To fully resource the programme, the Department is funding 57 local authority staff.

Other initiatives under the third cycle RBMP include new agri-environmental schemes under the CAP Strategic Plan which will invest €2.9billion in environmental protection measures administered by the Department of Agriculture, Food and the Marine.  These schemes have been designed to contribute to water policy environmental objectives, as far as practically possible. Also, a Water European Innovation Partnership (EIP) project, in collaboration with the Department of Agriculture, Food and the Marine, has been specifically designed to target water protection measures based on risk (€60million) on 15,000 farms. It is specifically focused on reducing losses of phosphorus, nitrogen, sediment and, where relevant, pesticides to water from agricultural lands.

To address hydromorphological pressures on natural water a new national restoration programme (improvements to river habitats) is being developed to mitigate the negative impact of past construction in or near water bodies.  The third cycle RBMP will initially aim to mitigate up to 5% (257) of the 2,000-7,000 problem barriers identified by Inland Fisheries Ireland to date. A minimum investment of approximately €110 million is anticipated. 

My Department is currently preparing the third River Basin Management Plan for Ireland, to cover the WFD third cycle, and which will be published shortly. A key commitment in the Programme for Government, a new revised and strengthened River Basin Management Plan is a strategic plan that will outline the national policies and high-level goals that will protect and restore our natural waters, and will advance Ireland’s commitment to the implementation of the WFD.

International Agreements

Ceisteanna (229)

Jim O'Callaghan

Ceist:

229. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if Ireland is implementing the Council of Europe's Landscape Convention; and if he will make a statement on the matter. [9895/24]

Amharc ar fhreagra

Freagraí scríofa

The National Landscape Strategy was devised in 2014 to give effect to the European Landscape Convention. Implementation of the National Landscape Strategy is implicit in many of the actions taken across the built and natural heritage sphere. The current work being undertaken across Government in the context of the land use review will supplant  and overtake that strategy.

In parallel, my Department has made very substantial progress on issues of habitat and wildlife protection, which are tied closely to landscape. In particular, I would emphasise the recently launched 4th  National Biodiversity Action Plan, which sets the national biodiversity agenda for the period 2023-2030 and aims to deliver the transformative changes required to the ways in which we value and protect nature. This, along with the Nature Restoration Law ratified by the European Parliament this week, will continue to support the delivery of national nature, water, landscape and climate objectives, while at the same time realising co-benefits for value creation in rural economies and communities.

The key enabling action in the National Landscape Strategy is the completion of a National Landscape Character Assessment, which would complement the Local Character Assessments already prepared by Local Authorities. This is also a National Policy Objective set out in the National Planning Framework (NPF). As part of the ongoing NPF Review, my Department is currently considering options for how best to carry out such an assessment. 

Social Welfare Benefits

Ceisteanna (230)

Joan Collins

Ceist:

230. Deputy Joan Collins asked the Minister for Social Protection if a decision on an application for fuel allowance can be reviewed (details supplied). [9743/24]

Amharc ar fhreagra

Freagraí scríofa

Fuel allowance (FA) is a means-tested payment to assist householders on long-term social welfare payments and persons aged over 70 with the cost of their winter heating needs.  Qualification for FA is subject to satisfying all the relevant qualifying conditions. 

Following your representation, a review of the person’s FA application was undertaken, and I am pleased to advise the decision has been revised and they have been awarded FA with effect from 18/10//2023.  The person will receive €33 each week with their Jobseeker’s Allowance (JA) payment from 05/03/2024 until the end of the 2023/24 Winter Fuel Season on 05/04/2024.  Arrears of €594 will be paid to the person with their JA payment next week.  

The person concerned has been advised of the outcome of the review in a letter which issued to their home address on 27/02/2024.

I trust this clarifies the matter.

Pension Provisions

Ceisteanna (231)

Duncan Smith

Ceist:

231. Deputy Duncan Smith asked the Minister for Social Protection why a person (details supplied) is not receiving the full increase granted in respect of her pension; and if she will make a statement on the matter. [9752/24]

Amharc ar fhreagra

Freagraí scríofa

On Budget Day, I announced an increase of €12.00 per week for those on the maximum rate State Pension (contributory), with proportionate increases for qualified adults and those on reduced rates of payment.

The person concerned is in receipt of the State Pension (contributory) at the reduced weekly rate of €249.30, 90% of the maximum rate.  

From 5 January 2024, they received an increase of €10.80 per week, 90% of the increase announced in Budget 2024. 

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (232)

Robert Troy

Ceist:

232. Deputy Robert Troy asked the Minister for Social Protection if she will expedite an appeal for domiciliary care allowance for a person (details supplied). [9762/24]

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 on the 15th November 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 have been received and the case was assigned to an Appeals Officer on 16th January 2024, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

EU Funding

Ceisteanna (233)

Holly Cairns

Ceist:

233. Deputy Holly Cairns asked the Minister for Social Protection to provide a breakdown of all EU funding made available to her Department which has not yet been allocated; and the purpose for which this funding has been made available by the EU. [9813/24]

Amharc ar fhreagra

Freagraí scríofa

The European Social Fund Plus (ESF+) is the European Union (EU)’s main instrument for investing in people and supporting the implementation of the European Pillar of Social Rights.  This funding is managed, for all Government Departments in Ireland, by the Department of Further and Higher Education, Integration and Skills (DFHERIS).

As announced by the Minister of Further and Higher Education, Integration and Skills on 21 March 2023, ESF+ funding is a joint investment by the Irish Government and the European Union with €573 million to come from the Irish Government and €508 million from the European Union, for the period 2021 to 2027.  Within this National allocation, my Department has been allocated the following funding under the Employment, Inclusion, Skills and (EIST) Programme for the below schemes over the lifetime of the programme:

Departmental Scheme

ESF+ Allocation

National co-finance

Total allocation

JobsPlus

€5,295,318

€6,111,047

€11,406,365

Back to Work Enterprise Allowance

€10,445,264

€12,957,484

€23,402,748

Workability

€15,153,573

€21,132,737

€36,286,310

Assistance to the most deprived

€30,330,001

€3,370,001

€33,700,002

 

€61,224,156

€43,571,269

€104,795,425

A claim for the years 2021, 2022 and 2023 is anticipated to be submitted to the EU later this year when the IT platform for submitting ESF+ claims becomes available.   

Other than EU ESF+ funding, my Department is currently involved in preparing a claim for funding from the EU REACT fund.

REACT-EU stands for Recovery Assistance for Cohesion and the Territories of Europe and is an initiative that continues and extends the crisis response and crisis repair measures delivered through the Coronavirus Response Investment Initiative and the Coronavirus Response Investment Initiative Plus. In respect to my Department, we have been allocated €53.27m under the crisis response element of this fund for refugee supports who fled the war in Ukraine and came to Ireland.  I anticipate making a claim for this funding in the first part of this year, with the receipts expected by year-end.

The Department is the lead partner on a pilot project, ‘Lone Parents Digital Activation’ which is co-financed by the European Programme for Employment and Social Innovation “EaSI”. In addition to the NGO One Family (in Ireland) there are three partner organisations in Greece and one in Finland. The pilot project commenced in November 2021. It has a duration of 30 months, and it will conclude at the end of April this year. The maximum value of the grant is €1.25 million divided between the three participating Member States. This is being drawn down throughout the lifetime of the project.

Social Welfare Benefits

Ceisteanna (234)

Peter Burke

Ceist:

234. Deputy Peter Burke asked the Minister for Social Protection if there are plans to extend illness benefit to the self-employed (details supplied). [9828/24]

Amharc ar fhreagra

Freagraí scríofa

Illness benefit is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance.  Eligibility for illness benefit depends on the person’s PRSI record and class.  The person must have made the required number of contributions under class A, E, H or P to qualify.  In general, self-employed people make PRSI contributions at Class S which does not provide entitlement for illness benefit. 

Illness benefit is funded by the Social Insurance Fund through PRSI contributions.  The Fund is central to our social protection system and the Government needs to ensure that it can provide adequate and sustainable social insurance pensions and benefits for a growing and ageing population.

Self-employed people pay contributions to the Fund at a lower rate of 4%.  This is 11 percentage points lower than the combined employer and employee contribution of 15.05% made in respect of employed contributors.  However, self-employed contributors do have access to over 90% of benefits available to employed contributors. including;

• Adoptive Benefit; 

• Guardian's Payment (Contributory);

• Invalidity Pension;

• Jobseeker's Benefit (Self-Employed);

• Maternity Benefit;

• Parent's Benefit;

• Partial Capacity Benefit (where in receipt of Invalidity Pension);

• Paternity Benefit;

• State Pension (Contributory);

• Benefit Payment for 65 year olds;

• Treatment Benefit; and

• Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension.

The only benefits that class S PRSI does not provide access to are carer's benefit, health and safety benefit, illness benefit, and occupational injuries benefits.

In circumstances where people are ill but do not qualify for illness benefit, my Department provides means tested supports under the supplementary welfare allowance scheme.  An additional needs payment may also be available to people who have expenses that they cannot pay from their weekly income.

Any changes to the illness benefit scheme would need to be considered in an overall policy and budgetary context, including the contribution rates for self-employed contributors. 

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (235)

Claire Kerrane

Ceist:

235. Deputy Claire Kerrane asked the Minister for Social Protection if she is aware that some payment sections are still including child maintenance as means in assessments; if she will issue direction on this to all sections; and if she will make a statement on the matter. [9829/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Report of the Child Maintenance Review Group was published in November 2022 and the Government accepted the Group's recommendations regarding the social welfare system.  These changes include decoupling child maintenance and social welfare and represent significant reforms, which will be of great benefit to lone parents.  Amendments to both primary and secondary legislation as well as changes to some of the Department’s systems, application forms and processes are required.

Since late 2022 my Department has ceased applying the Liable Relative provisions to new claims for One-Parent Family Payment on an administrative basis.  My Department also stopped applying the "efforts to seek maintenance" requirement on an administrative basis pending the required amendment to Regulations which I have since made.

Disregarding child maintenance payments in the means test for social welfare payments will mean that many lone parents currently on a reduced rate of payment will see their payment increase and some additional lone parents will qualify for a payment.  It is estimated that this measure will be of direct benefit to approximately 16,000 lone parents at a cost of approximately €10 million per year.  

The rules in relation to the means test are set out in primary legislation.  They are one of the provisions that determine whether a person qualifies for payment and the key factor in determining a person’s rate of payment.  As such it would not be appropriate to amend those arrangements on an administrative basis. 

I was delighted to publish the necessary primary legislation before Christmas and I am very pleased at how quickly we have been able to bring the Bill through the Houses of the Oireachtas.  Once the Bill is enacted I intend to commence its provisions in early course.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Ceisteanna (236)

Ged Nash

Ceist:

236. Deputy Ged Nash asked the Minister for Social Protection if she plans to change the legislation to allow for workers in receipt of widows/widowers pension to be in a position to qualify for illness benefit when they are unfit for work; and if she will make a statement on the matter. [9851/24]

Amharc ar fhreagra

Freagraí scríofa

Illness benefit is the main income support provided to those who cannot work due to illness of any kind and who are covered by social insurance.

Widow’s/widower’s/surviving civil partner’s pension (contributory) is a weekly social insurance payment to those who have lost their spouse or civil partner and are covered by social insurance.

There is a general principle of one person, one payment, which applies across the social welfare system.  Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time, but, generally, they can receive only one payment.  This principle is common to social security systems across the world.

As a general rule, people on widow’s/widower’s/surviving civil partner’s pension (contributory) cannot be in receipt of an overlapping second payment, for example illness benefit, at the same time.  This does not affect the customer's entitlement to credited contributions, to maintain the continuity of their PRSI record, while they are unable to work due to illness.

If a customer is getting a reduced rate of widow’s/widower’s/surviving civil partner’s pension (contributory), they may also get a reduced rate of illness benefit, so that the combined amount of both payments is not greater than the maximum rate of illness Benefit to which they would otherwise be entitled.  Further exceptions to the one person, one payment rule and more information on the operations of the scheme are available at gov.ie.

With regard to additional supports, my Department also provides an additional needs payment under our supplementary welfare allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income.  This includes exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

The payment is available to anyone who needs it and qualifies, whether the person is currently on a social welfare payment or in employment.  The payment amount will depend on a person’s weekly household income, their outgoings and the type of assistance needed.  Payments are made at the discretion of the Community Welfare Officers administering the scheme, considering all the circumstances of the case.

My Department keeps its schemes and supports under review to make sure they continue to meet their objectives.  Any changes to the current system would need to be considered in an overall policy and budgetary context.

Social Welfare Benefits

Ceisteanna (237)

Bernard Durkan

Ceist:

237. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) can obtain an appropriate allowance while supplementing any income from part-time work; and if she will make a statement on the matter. [9898/24]

Amharc ar fhreagra

Freagraí scríofa

My Department provides a range of income supports for people who are parenting alone including the One-Parent Family Payment.

One-Parent Family Payment (OPFP) is a payment for parents under 66 years who are parenting without the support of a partner and whose youngest child is under 7 years of age.  This scheme includes an earnings disregard whereby the first €165 of weekly earnings are not assessed as part of the means test.  In addition, 50% of earnings above €165 per week are also disregarded in the means test.  If the person concerned is separated, divorced or no longer in a civil partnership, they must be living apart for three months.

The person can attend their local Social Welfare Branch Office in Maynooth to complete an OPFP application form.  The application will be processed promptly, and the person will be advised of the outcome in writing.

The person concerned can also apply for a  Working Family Payment (WFP).  This is a weekly in-work support which provides an income top-up for employees with children on low earnings.  Amongst other qualifying conditions the person must have at least 1 eligible child who normally resides with them and be working a minimum of 38 hours per fortnight in ongoing insurable employment.  The quickest and easiest way for the person to apply for a WFP is online using the MyWelfare.ie service.

Information on all schemes and payments administered by my Department can be found at www.gov.ie.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (238)

Bernard Durkan

Ceist:

238. Deputy Bernard J. Durkan asked the Minister for Social Protection if a person (details supplied) can qualify for domiciliary care allowance in respect of their son; and if she will make a statement on the matter. [9899/24]

Amharc ar fhreagra

Freagraí scríofa

Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.  This level of care and attention must be required to allow the child to deal with the activities of daily living, in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues, including any other additional needs.

While an assessment or diagnosis of a child's specific disability may assist the decision and assessment process in any individual case, eligibility for DCA is not based entirely on the type of disability or diagnosis but primarily on the impact of the disability, in terms of the associated level of care and attention required by the child compared to a child of the same age.  The decision process that applies in the consideration of whether a child meets the conditions for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.

The Deciding Officer has regard to the professional opinion of a departmental Medical Assessor in all cases.

An application for DCA in respect of their child was received by my Department from the person concerned on 10 January 2024.  A Deciding Officer disallowed their claim as per decision dated 6 February 2024.  Based on the information provided, the child was not considered to satisfy the conditions for DCA.  This determination also considered the supporting medical evidence that was provided by the person concerned in their application.  The Deciding Officer had regard to the professional opinion of a departmental Medical Assessor in the decision process and a copy of this opinion was issued to the applicant for information, along with the decision notification.

As advised in the decision notification of 6 February 2024, it is open to the person concerned to request a review(s) of the Deciding Officer's decision and this right of review is not time limited.  If requesting a review(s) of the Department's decision, the person concerned may forward any further new or additional information and/or documentary evidence if/when available for re-consideration, such as a diagnostic assessment report(s), medical professional report(s) or otherwise.

It is also open to the person concerned to appeal the decision directly to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

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