Written Answers Nos. 63-75
63. Deputy Neasa Hourigan asked the Minister for Social Protection her plans to expand the threshold for the domiciliary care allowance up to 18 years of age; and if she will make a statement on the matter. [21923/24]
View answerDomiciliary Care Allowance is a monthly payment to a parent or guardian for a child aged up to 16 who has a severe disability and requires care and attention substantially over and above that required by other children their age.
From January 2024, the rate of Domiciliary Care Allowance increased from €330 to €340 per month. This monthly payment has increased by €30.50 under this Government. As of March there were 54,652 families in receipt of the payment in relation to 61,373 children. Expenditure in 2024 is estimated at almost €274 million.
Domiciliary Care Allowance ceases to be payable when a child reaches 16 years of age. The young person can then apply for Disability Allowance if they meet the eligibility requirements.
Disability Allowance is a long-term disability payment which is subject to a means test, medical assessment, and a habitual residency requirement.
One of the key proposals in the Green Paper on Disability Reform, that I published last year, was to extend Domiciliary Care Allowance to 18 years of age. In line with this change, the Paper proposed to raise the qualifying age for Disability Allowance to 18.
The Green Paper was a consultation document. Based on the feedback I received during the public consultation, it became clear that there were significant concerns about the other proposals in the Green Paper. Among these concerns, people in particular questioned whether it was appropriate to reform the system of disability payments separate to a wider consideration of other challenges faced by people with disabilities, including transport, health, education and access to employment.
I listened to these concerns and, in April, I announced that we would not proceed any further with the proposals.
As a Government, we now need to have a fresh look at how we can support people with disabilities. The Taoiseach has established a new Cabinet Committee on Children and Education and Disability. Any reform of disability payments, including Domiciliary Care Allowance, will now be considered as part of this broader review of disability matters on a whole-of-government basis and will take account of the feedback received during the Green Paper process.
I trust this clarifies the issue for the Deputy.
64. Deputy Brendan Griffin asked the Minister for Social Protection if a decision on a widower's pension application (details supplied) will be reviewed; and if she will make a statement on the matter. [21938/24]
View answerTo qualify for widow's, widower's or surviving civil partner's contributory pension (WSCPCP), a person must satisfy certain social insurance conditions, based on either their own or their late spouse's or civil partner’s record.
As the person concerned does not meet the yearly average minimum requirement of 24, they do not qualify for a standard WSCPCP.
My Department assessed entitlement to a pro-rata pension under EU regulations, based on employment in Ireland and the UK. This can be on either their own or their late spouse's or civil partner’s record.
The Department for Work & Pensions, in the UK provided details of the UK social insurance record for the late spouse of the person concerned. Based on the combined Irish and UK social insurance contributions, the person concerned was awarded a WSCPCP at the personal rate of €20.00, plus €46.00 qualified child increase, per week from 6 October 2023. The widowed parent grant, a once-off payment of €8,000 for widows, widowers or surviving civil partners with qualified children, following the death of their late spouse was also awarded.
Entitlement to a pro-rata pension based on the combined Irish and UK social insurance record of the person concerned is also under consideration. My Department is awaiting details of the social insurance record of the person concerned from the Department of Work & Pensions. When the required information is received, their entitlement will be reviewed and they be advised of the rate payable based on their own record. The person concerned will be paid the rate that is financially more beneficial to them.
I trust this clarifies the matter for the Deputy.
65. Deputy Ged Nash asked the Minister for Social Protection if meal providers to schools are required to provide for the various dietary requirements of students, for example, coeliac; and if she will make a statement on the matter. [21943/24]
View answerThe objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement. Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.
Funding under the School Meals Programme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided. These meals must meet the nutritional standards for the school meals programme.
The Nutritional Standards for School Meals were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.
Each school is required to provide a menu choice of at least two different meals per day and where required, provide a vegetarian or vegan option and an option that caters for students’ religious and cultural dietary requirements. The food provided for those with allergies must comply with the Standards. Guidance on allergies such as coeliac disease and gluten intolerance is available from Safefood.net
Schools are responsible for choosing their own School Meals supplier on the open market in a fair and transparent manner in accordance with Public Procurement rules. Under tender documentation as stipulated by the Schools Procurement’s Unit, the menu is to accommodate those with food intolerances and allergies, from lactose-free to vegetarian to gluten-free, for example. In addition, the supplier is to check with the school upon award of the contract, the details of such to accommodate those potential customers and the supplier must provide clearly visible menu boards with an allergens list.
The Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant Hazard Analysis and Critical Control Point, Food Safety regulations and the Nutritional Standards for School Meals. It is the responsibility of the school to source a supplier that can meet the dietary requirements of all of their pupils.
I trust this clarifies the matter.
66. Deputy Brendan Griffin asked the Minister for Social Protection if she will remove the means test for the carer’s allowance; and if she will make a statement on the matter. [21960/24]
View answerThe Government acknowledges the valuable role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.
The main income supports to carers provided by my department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending on these payments is expected to amount to over €1.7 billion this year.
The Carer’s Allowance scheme is the main scheme by which the Department provides income support to carers in the community. In 2024 the expenditure on the Carer’s Allowance scheme is estimated to be over €1.1 billion and there are currently 96,670 people getting this payment.
The two principal conditions for receipt of Carer’s Allowance are that full time care and attention is required and provided, and that a means test is satisfied. The application of the means-test not only ensures that the recipient has an income need but also that scarce resources are targeted to those with the greatest need.
Since my appointment as Minister, I have made a number of significant improvements to the means test for Carer's Allowance. In June 2022 the income disregards were increased from €332.50 to €350 for a single person, and from €665 to €750 for carers with a spouse/partner. The capital and savings disregard for the Carer’s Allowance means assessment was also increased from €20,000 to €50,000. From June the weekly income disregard will be further increased next month from €350 to €450 for a single person, and from €750 to €900 for carers with a spouse/partner. These changes mean that carers on a reduced rate move to a higher payment. In addition, many carers who previously did not qualify for a payment due to their means are brought into the Carers Allowance system for the first time. The means test disregards for Carer's Allowance are the highest in the Social Welfare system.
It is also important to acknowledge that there are a range of other supports for carers provided by the Department which are not based on a means assessment.
• The Carer’s Support Grant can be claimed by carers regardless of their means or social insurance contributions. I increased this grant to €1,850, its highest ever rate.
• Carer's Benefit is a weekly payment based on social insurance contributions rather than a means test and is payable for a period of up to 2 years.
• Domiciliary Care Allowance is payable to a parent or guardian in respect of a child who has a severe disability and requires continual or continuous care and attention substantially over and above the care and attention usually required by a child of the same age. As part of Budget 2024 we have increased the payment by another €10 bringing it to €340 per month.
Notwithstanding these improvements, as part of Budget 2024, I established an Interdepartmental Working Group with the Department of Health and the Department of Children, Equality, Disability, Integration and Youth to examine and review the system of means test for carers payments.
I have asked this Group to report to me on the matter by Quarter 3 of this year.
I trust that this clarifies the issue for the Deputy.
67. Deputy Darren O'Rourke asked the Minister for Social Protection if there is further leave to appeal after a section 317 appeal within her Department or elsewhere; if appellants are entitled to an oral hearing to challenge a section 317 appeal refusal; and if she will make a statement on the matter. [21993/24]
View answerThe 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.
Under social welfare legislation, the decision of the Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer under section 317 in light of new evidence or new facts. If there is any new evidence or new facts pertinent to a case that were not brought to the attention of the Appeals Officer during the determination of the section 317 review, they may be submitted to this office for consideration.
The Chief Appeals Officer has power under section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision 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. An appeal can be made to the High Court on any question of law in accordance with Section 327 of the Social Welfare (Consolidation) Act 2005.
The regulations governing appeals provide that it is a matter for the appeals officer to decide whether an oral hearing is required or whether an appeal can be decided by way of summary decision.
I trust this clarifies the matter for the Deputy.
68. Deputy Catherine Murphy asked the Minister for Social Protection if she will provide an update on the provisions she has put in place to reduce food waste in the context of the school hot meals initiative; if she engaged with specialists in the area of nutritional value ahead of rolling out the initiative; and her views on whether the initiative is targeted appropriately. [22002/24]
View answerThe objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement. Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.
As part of this significant expansion plan, all remaining primary schools were contacted last year and requested to submit an expression of interest form if their school is interested in commencing the provision of hot school meals. Expressions of interests were received from over 900 primary schools in respect of 150,000 children. Late last year, these schools were invited to participate in the Hot School Meals Programme from 8th April 2024. The remaining primary schools who have not yet joined the scheme have been contacted to express an interest to receive Hot School Meals from September 2024.
Under tender documentation as stipulated by the Schools Procurement’s Unit, the school meal supplier is responsible for operating policies which progressively addresses environmental considerations such as waste and packaging. The method and logistics of supplying the meals is decided by the school. In addition, under tender documentation as stipulated by the Schools Procurement’s Unit, the school is committed to the principles of environmental management in its activities and it encourages the implementation of sustainability principles in its procurement practices and that the supplier should make all reasonable efforts to minimise adverse environmental impact in the methods of services delivery and in materials used.
My Department provides funding directly to schools to enable them to source and provide meals that meet the Healthy Ireland Nutritional Standards for Hot School Meals which were developed by a working group led by the Health and Wellbeing Programme, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive. Responsibility for sourcing the meals is a matter for the Board of Management of each school, but to secure funding they must first agree to apply the standards set out by signing a Service Level Agreement which clearly sets out the school’s responsibilities and obligations in terms of Nutritional Standard.
Funding is not provided to schools who do not commit to this undertaking and can be withdrawn if they do not adhere to the standards set out. My Department does monitor adherence to the standards including through site visits.
I trust this clarifies the matter for the Deputy.
69. Deputy Colm Burke asked the Minister for Social Protection the up-to-date status of a carers allowance application review (details supplied), given that further documentation was provided some time ago; when a decision will be reached; and if she will make a statement on the matter. [22026/24]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An application for CA was received from the person concerned on 24 October 2023.
Additional information in relation to the person’s application was requested by a Deciding Officer on 1 November 2023.
As the person concerned failed to supply all of the information requested, the claim was disallowed and the person concerned was notified on 24 November 2023 of this decision, the reason for it and of the right of review and appeal.
Following receipt of documents from the person concerned on 2 February 2024, a further information request issued on 13 February 2024.
As the person concerned failed to supply all of the information requested, the decision remained unchanged and the person concerned was notified on 19 March 2024 of this decision, the reason for it and of the right of review and appeal.
Following receipt of all of the requested documents, CA was awarded to the person concerned on 10 May 2024, with effect from 26 October 2023 and the first payment will issue to their nominated bank account on 16 May 2024.
Arrears of €1,225.00 for the period 26 October 2023 to 15 May 2024 also issued on 10 May 2024.
The person concerned was notified on 10 May 2024 of this decision, the reason for it and of their right of review and appeal.
I hope this clarifies the position for the Deputy.
70. Deputy Willie O'Dea asked the Minister for Social Protection the current stage of legislation that will allow for the enactment of the recent Supreme Court decision to allow a cohabitant to claim a widow's pension in certain circumstances; when she expects it to be in operation; and if she will make a statement on the matter. [22131/24]
View answerUnder the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership. On Monday 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children. In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required. My officials and the Office of the Attorney General are now considering the very detailed judgment, including the legislative changes required to respond to this decision. This will be done with all expediency. I hope this clarifies the matter for the Deputy.
71. Deputy Ivana Bacik asked the Minister for Justice the statutory functions of An Garda Síochána in compiling statistics on the prevalence of certain types of theft and robbery offences; and where those functions are conferred. [21913/24]
View answerUnder the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, as Minister, I have no role in such matters.
As set out in the Garda Síochána Act 2005, and in accordance with the procedures and requirements of the Statistics Act, 1993, there is a statutory obligation for the production of crime statistics. Once commenced, Section 77 of the Policing, Security and Community Safety Act 2024 will place similar obligation on An Garda Síochána.
The CSO, as the national statistical agency, is responsible for the compilation and publication of all crime statistics and publishes quarterly and annual reports in respect of crime statistics, using data recorded on the PULSE system.
An Garda Síochána records details of crime incidents on PULSE which facilitates the categorisation of crime into various Incident Categories and Types. Crime figures generated from PULSE are used within An Garda Síochána as management information and play an important part in operational and strategic decision-making. The data recorded are also used by a wide variety of organisations that have an interest in specific or general aspects of crime.
I am assured that there is effective co-operation and engagement between the CSO and teams within An Garda Síochána led by the Chief Information Officer (CIO) and Garda Information Services Centre (GISC) so that both organisations fulfil their respective statutory obligations for the production of crime statistics as set out in the Acts referred.
72. Deputy Peadar Tóibín asked the Minister for Justice the number of deportation orders revoked by her Department in each of the past ten years.; and if she will make a statement on the matter. [21961/24]
View answerA deportation order is a legal order to leave the State. Any person who has been ordered to leave the State and fails to do so is committing a criminal offence, and can be arrested without warrant if they come into contact with An Garda Síochána.
Section 3(11) of the Immigration Act 1999 provides that a deportation order may be revoked. The Department receives submissions from individuals seeking that this power be invoked in their case. In assessing such submissions consideration is given to whether there is compelling new information or material changes in circumstances which were not previously put forward, nor capable of being put forward, when the original decision was made.
By far the main grounds advanced relate to the extent to which an individual has established family, employment and other connections here. All submissions are carefully assessed including in the context of any rights arising and a criminal records check is carried out in each instance.
I am significantly increasing the level of investment into the international protection system. I have already doubled the number of staff in the international Protection Office, which has resulted in a corresponding trebling of the number of decision issued. The faster a decision can be reached in an international protection case, the easier it is to return those who are found not to have a right to protection.
The EU Migration and Asylum Pact will significantly improve processing times through the introduction legally binding timeframes for making decisions on applications.
The table below details the number of Deportation Orders which have been revoked since 2013. The number of cases since 2022 includes persons who qualified under the terms of the Regularisation of Long-Term Undocumented Migrants Scheme.
|
Year |
Deportation Orders revoked |
|
2013 |
308 |
|
2014 |
353 |
|
2015 |
482 |
|
2016 |
360 |
|
2017 |
165 |
|
2018 |
319 |
|
2019 |
346 |
|
2020 |
302 |
|
2021 |
231 |
|
2022 |
582 |
|
2023 |
416 |
|
2024 (To 14/05/2024) |
102 |
* Please note, figures are correct at time of issue, however, all statistics may be subject to data cleansing.
** Number of deportation orders revoked may relate to orders issued in a previous year
73. Deputy Mark Ward asked the Minister for Justice the number of people on waiting lists for mental health treatment in Irish prisons in 2024; the average waiting period; and if she will make a statement on the matter. [21966/24]
View answerI have requested the information sought by the Deputy from the Irish Prison Service. Unfortunately, it has not been possible to provide the information requested in the time allowed. I will write to the Deputy directly when the information is to hand.
74. Deputy Peadar Tóibín asked the Minister for Justice the number of publicly funded contracts awarded to a company (details supplied) by her Department in each of the past ten years; the cost of each contract; and the purpose for which each contract was awarded. [18662/24]
View answerI can inform the Deputy that there were no publicly funded contracts awarded to the company in question by my Department during the specified period.
75. Deputy Noel Grealish asked the Minister for Justice the number of overseas students on a stamp 2 visa currently in Ireland; if she has considered making these visas more flexible to enable them to work more than 20 hours per week outside the Christmas and June to September periods as many of these people are struggling to pay rent and many of their employers are struggling to secure sufficient staff; if employers, who have no official way of knowing if stamp 2 students have already worked 20 hours in any week, could be held liable for a breach of visa rules; and if she will make a statement on the matter. [21982/24]
View answerMy Department has responsibility for immigration-related matters, including the entry and residence conditions of non-EU/EEA/UK/Swiss nationals wishing to pursue a course of education in the State.
Such students, subject to certain conditions, are granted a Stamp 2 immigration permission typically for 1 year but can vary depending on course. Such permission may be renewed provided the student is enrolled on an approved course. 60,882 student immigration permissions (Stamp 2) were registered or renewed in 2023.
Permission to remain is granted on the basis that a student's primary purpose for being in the State is to study. All applicants for permission to study in Ireland must show that they have sufficient funds to support their stay in Ireland without recourse to public funds, or the reliance on casual employment.
Since April 2001, non- EU/EEA/UK/Swiss students with a Stamp 2 immigration permission, and who are enrolled on courses with education providers listed on the Interim List of Eligible Programmes (ILEP), including English language courses, have been afforded the opportunity to work during their stay. They may take up casual employment to supplement their income while studying in Ireland. During term time, non- EU/EEA/UK/Swiss students can work up to 20 hours per week and, during normal college holiday periods they can work on a full time basis up to 40 hours per week.
The conditions attaching to all immigration permissions are kept under ongoing review by my Department with all relevant stakeholders. However, at this time, there are no plans to revise the current arrangement for students.
Where an individual works in excess of the hours allowable, it would amount to a breach of the conditions attached to their immigration permission. Issues in relation to employment law are a matter for the Minister for Enterprise, Trade and Employment.
