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Thursday, 23 May 2024

Written Answers Nos. 214-226

State Pensions

Questions (214)

James Lawless

Question:

214. Deputy James Lawless asked the Minister for Social Protection the reason for deductions to pensions (details supplied); and if she will make a statement on the matter. [23329/24]

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Written answers

The person concerned is in receipt of state pension (contributory) (SPC) at the maximum weekly rate of €277.70. They are also in receipt of an increase for a qualified adult (IQA) in respect of their spouse at the weekly rate of €70.00.

The person concerned has weekly deductions of €41.60 from their SPC for the recovery of an overpayment totalling €95,152.52 which was incurred during the period 21/7/2010 to 26/04/2016 while claiming jobseeker's allowance.  The current outstanding overpayment balance is €80,241.67. Deductions will continue until the overpayment is fully recovered.

Persons who have been overpaid social welfare payments have 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, my department makes every effort to recover the amount overpaid. Recovery is sought over a period without imposing undue financial hardship on the person.

The decision to raise an overpayment was appealed to the independent Social Welfare Appeals Office in 2016. An Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned.

The IQA is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable.  Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable.  If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. 

The IQA was reviewed on 15 February 2024. As the spouse of the person concerned has weekly means of €289.20, it was decided that the IQA was payable at the reduced weekly rate of €70.00. The person concerned was notified of this decision on 30 April 2024.

Social Welfare Payments

Questions (215)

Michael Healy-Rae

Question:

215. Deputy Michael Healy-Rae asked the Minister for Social Protection if an issue in relation to an overpayment (details supplied) will be examined and resolved; the reason for the delay; and if she will make a statement on the matter. [23335/24]

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Written answers

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a State pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. 

Recipients of state pension non-contributory are obliged to notify the Department of any changes in their circumstances that may affect their pension entitlement. A list of the reportable changes of circumstance is included in the initial notification of pension award and in all subsequent review communications issued.  

Social welfare legislation provides that the personal representative of a deceased person who, at any time, received a means-tested payment is obliged to give notice to the Department of their intention to distribute the deceased's estate and to provide a schedule of the assets of the estate. 

The personal representative is requested not to distribute the estate, until they receive formal clearance from the Department.  If, on examination of the schedule of assets, it is found that not all of the deceased’s means had been disclosed, or if the values of previously assessed means had changed, the Department will seek to recover any monies overpaid from the estate.

As outlined in a previous Parliamentary Question raised by the Deputy in this matter, on 3 May 2024, following their review of the deceased's state pension entitlement, a Deciding Officer issued a natural justice letter to the legal and Personal Representatives of the deceased, detailing the assessment of the deceased's means and their intended decision.  This letter afforded the personal representatives 21 days to submit to the Department any further information or evidence they felt may be relevant in relation to the deceased's state pension non-contributory claim. On conclusion of the 21 day period, if no communication is received from the Personal Representatives, a formal decision will be made based on the information available to the Deciding Officer at that time and this will be communicated to the Personal Representatives.

I trust this clarifies the matter.

State Pensions

Questions (216)

Bernard Durkan

Question:

216. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason under the new total contributions approach for the State pension a person (details supplied) appears not to qualify for any payment; if the case will be reviewed as a matter of urgency; and if she will make a statement on the matter. [23348/24]

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Written answers

To qualify for state pension (contributory) a person must have at least 520 full-rate social insurance (PRSI) contributions paid since entering insurable employment. If this condition is met, the rate of payment is then calculated using the ‘Yearly Average’ method and the ‘Total Contributions Approach’.

According to the records of my department, the person concerned has a total of 204 full-rate contributions. Since their contributions fall short of the requisite 520 full-rate contributions, they do not qualify for the standard state pension (contributory).

The person concerned was awarded home caring periods for the period 8 August 1984 to 3 August 2002.  Home Caring Periods can be used to improve the rate pension under the ‘total contributions approach’. They cannot, however, be used to satisfy the requirement to have 520 full rate contributions.

As the person concerned paid modified contributions, they were considered for a mixed insurance state pension (contributory).  To qualify for this pension, 520 employment contributions are required, of which at least 260 must be full-rate contributions with the remainder made up of modified contributions. Since their full-rate contributions fall short of the requisite 260, they do not qualify for a mixed insurance pension.

I introduced a number of reforms to the state pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks).  If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for long-term carers contributions (LTCC).  If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record.  The periods of caregiving do not need to be consecutive.

The quickest way to apply for LTCCs is online at MyWelfare.ie if the person has a verified MyGovID account.  Further information is available on the Government website at gov.ie/pensions.

The person concerned applied for the state pension (non-contributory) in August 2020.  Following an assessment of the means of the person concerned, a deciding officer deemed that the person’s means exceeded the weekly permissible statutory limit to qualify for state pension (non-contributory).

The person concerned requested a review of this decision in January 2023.  As the requested documentation was not submitted to my department, the original decision still stands. It is still open to the person concerned to submit the requested documentation. On receipt of this information, their entitlement to state pension (non-contributory) will be reviewed.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (217)

John McGuinness

Question:

217. Deputy John McGuinness asked the Minister for Social Protection if full carer’s allowance will be approved and back dated in the case of a person (details supplied) as they are currently on half carer's; and if the matter will be expedited. [23400/24]

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Written answers

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

If a person is in receipt of another Social Welfare payment in their own right (other than unemployment payments or supplementary welfare allowance) or are being claimed as a qualified adult on their spouse/partner's payment, CA can be paid at half-rate as long as all the normal conditions for receipt of CA are satisfied.

The person concerned has been in receipt of half-rate CA since 18 April 2019 as they were also in receipt of a primary payment in their own right from this Department.

Following a request to review the rate of CA, a reassessment of means was initiated.

Additional information was requested from the person concerned on 21 May 2024.  Once the information is received, the means assessment will be processed without delay and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (218)

Robert Troy

Question:

218. Deputy Robert Troy asked the Minister for Social Protection if she will extend eligibility for LAA and fuel allowance to people in receipt of carer's allowance. [23425/24]

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Written answers

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €382 million in 2024.  The purpose of this payment is to assist these households with their energy costs.  Only one allowance is paid per household.

While Carer's Allowance is not a qualifying payment for Fuel Allowance, a person in receipt of Carer's Allowance may avail of the Fuel Allowance payment in certain circumstances.  Fuel Allowance is a household-based payment, and a carer will very often live with and care for a person in receipt of a qualifying payment for Fuel Allowance.  Income from Carer's Allowance is disregarded from the fuel means test if the carer is providing full time care and attention to the Fuel Allowance applicant, his/her qualified spouse/civil partner or cohabitant or qualified child(ren).

If a person is getting certain qualifying social welfare payments and also providing full time care and attention to another person, they can keep their main social protection payment in addition to receiving the half-rate Carer's Allowance.  They can also receive an extra half-rate Carer’s Allowance if they care for more than one person.  Since January 2023, the amount of half-rate Carer’s Allowance received is now disregarded when assessing means for Fuel Allowance purposes.

The Living Alone Increase is a weekly payment, which is not means tested.  The Living Alone Increase is an additional payment made each week to persons who live alone and are in receipt of certain Social Protection payments.

These payments include over 66 recipience of   State Pension (Contributory), State Pension (Non-contributory), Widow’s, Widower’s, or Surviving Civil Partner’s (Contributory) Pension, Widow's/Widower's Pension under the Occupational Injuries Benefit Scheme, Incapacity Supplement under the Occupational Injuries Benefit Scheme and Deserted Wife's Benefit.

The payment types that allow a person under age 66 to receive the Living Alone Increase are payments to people who have a long-term illness or disability that is Disability Allowance, Invalidity Pension, Incapacity Supplement or Blind Pension. . 

While a person in receipt of Carers Allowance may be caring for people who have a long-term illness or disability, payment is not paid on the basis of an illness or disability of the person being cared for  and therefore the Living Alone Increase is not payable to those solely in receipt of Carers Allowance. 

Any further widening of the qualifying criteria for accessing the fuel allowance scheme or the living alone increase can only be considered while taking account of the overall policy and budgetary situation.

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (219)

Robert Troy

Question:

219. Deputy Robert Troy asked the Minister for Social Protection if she will introduce a requirement that when a person signs on for jobseekers for the first time, as part of the process, their last employer will be contacted to make sure their job ceased to exist; and if she will make a statement on the matter. [23426/24]

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Written answers

In order to receive a jobseeker's payment a person must satisfy the conditions for the scheme including being capable of, available for and genuinely seeking full time work. A persons last employer may be contacted in circumstances where additional information is required in order for their jobseekers to be processed and a decision made on their claim.  All jobseeker applicants are required to make a declaration  that they meet all the conditions for a jobseekers payment.     

I hope this clarifies the matter for the Deputy.  

Departmental Advertising

Questions (220)

Carol Nolan

Question:

220. Deputy Carol Nolan asked the Minister for Social Protection the total costs incurred by her Department from 2019 to date relating to the placing of advertisements in online/digital media platforms; the names of the online platforms involved, in tabular form; and if she will make a statement on the matter. [23453/24]

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Written answers

For this response, I have interpreted online/digital media to include programmatic and social media advertising.

My Department administers more than 90 separate schemes and services, which affect the lives of almost every person in the State. The department is committed to ensuring that members of the public are fully aware of the welfare supports and services that are available, as well as ensuring key changes are communicated to them and online public information campaigns, including via social media and other digital platforms, are an important part of this work. 

All campaigns are developed carefully in collaboration with our media buyer using the best mix of media formats to ensure that messages target members of the public effectively while ensuring the best value for money.

The total spend on online/digital media including programmatic advertisements and ads with Google, Video on Demand (VOD) including YouTube, Meta (Facebook and Instagram), X (formerly known as Twitter), Snapchat and TikTok from 2019 to date, inclusive of VAT and agency fees, is €1,756,116.  Social channels used varied from year to year depending on the media strategy and target audience for any given campaign.

Details of the total social media and online/digital media advertising costs from 2019 to date are detailed below in tabular form as requested:

Year

Total Spend (incl. VAT and fees)

2019

€184,919

2020

€396,785

2021

€417,378

2022

€226,810

2023

€375,893

2024

€154,331*

*Invoiced to date

Social Welfare Eligibility

Questions (221)

Aengus Ó Snodaigh

Question:

221. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the differences, if any, that exist between an application for benefits and entitlements for a person with autism under 18 years versus a person with autism over 18 years, with specific regard to assessment criteria. [23467/24]

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Written answers

My Department provides a suite of income supports for those who are unable to work due to an illness or disability. These include contributory payments based on PRSI contributions, such as Illness Benefit and Invalidity Pension, and non-contributory payments based on a means test, such as Disability Allowance and Blind Pension.

Disability Allowance is the only Social Welfare payment which is payable to persons under 18, and there is no difference in the assessment for under 18 years and over 18 years, there is just one application form for Disability Allowance.

Disability Allowance is a payment for people who are aged between 16 and 66 with an injury, disease or disability that has continued, or may be expected to continue, for at least one year and, as a result of this disability, the person is substantially restricted in undertaking work that would otherwise be suitable. The allowance is subject to a medical assessment, a means test and a habitual residency requirement.

Eligibility for the Department of Social Protections income supports is not dependent on the nature of the illness or disability. Rather, entitlement to these supports is contingent on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work. 

Every application for the Departments income supports is individually assessed, in line with the provisions specified in the relevant social welfare legislation. Assessment is based on the medical information provided by healthcare providers and the claimant and taking into account the opinion of the Department’s Medical Assessor.

I trust this clarifies the matter for the Deputy. 

Pension Provisions

Questions (222)

Bernard Durkan

Question:

222. Deputy Bernard J. Durkan asked the Minister for Social Protection if consideration might be given to the existence of a partnership in the case of a person (details supplied) whose pension entitlements do not allow them qualify for a pension in their own right notwithstanding extended correspondence; and if she will make a statement on the matter. [23509/24]

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Written answers

To qualify for state pension (contributory) a person must have at least 520 full-rate social insurance (PRSI) contributions paid since entering insurable employment. 520 full-rate contributions equate to 10 years of full-rate insurable employment.

According to the records of my department, the person concerned has a total of 61 full-rate contributions. From the information provided to officials in my department by the person concerned and their spouse, the person concerned was exempted from PRSI liability in respect of their working activity with their spouse and, therefore, reckonable contributions were not attributed for the period of this working activity. The type of employments exempted from PRSI liability are listed in schedule 1, part 2, section 1 of the social welfare (consolidation) act 2005 (as amended).

Since their contributions fall short of the requisite 520 full-rate contributions, they do not qualify for the standard state pension (contributory). The person concerned was notified of this decision on 20 December 2023.

I introduced a number of reforms to the state pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks).  If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for long-term carers contributions (LTCC).  If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record.  The periods of caregiving do not need to be consecutive.

The quickest way to apply for LTCCs is online at MyWelfare.ie if the person has a verified MyGovID account.  Further information is available on the Government website at gov.ie/pensions.

The person concerned applied for a state pension (non-contributory) in January 2024.  Officials in my department requested further information to support the application. As this was not submitted to my department, the application was disallowed. The person concerned was notified of this decision on 8 May 2024. It is still open to them to submit the requested information. On receipt of this, their entitlement to state pension (non-contributory) will be reviewed.

I hope this clarifies the matter for the Deputy.  

Social Welfare Benefits

Questions (223)

Bernard Durkan

Question:

223. Deputy Bernard J. Durkan asked the Minister for Social Protection if an exceptional needs payment might be considered in the case of a person (details supplied); and if she will make a statement on the matter. [23510/24]

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Written answers

There is a range of supports provided by the Community Welfare Service (CWS) under the Supplementary Welfare Allowance (SWA) scheme.  These supports can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).

The Department may make an ANP to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income.  This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources, and which are deemed to be necessary.  ANPs are administered by Designated Persons (DP) in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.

Departmental records show that the person concerned has not made an application for assistance under the SWA scheme.  If the person is experiencing financial difficulties, they can apply for assistance by completing a SWA1 form and providing all relevant documents in support of their application. For convenience, an application pack has been posted to the person concerned.  On receipt of a completed application form and supporting documentation, the claim will be assessed, and the person will be advised of the outcome in writing.  Alternatively, if the person concerned has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie. 

Further information on all of my Department’s schemes and payments is available at www.gov.ie.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (224)

Bernard Durkan

Question:

224. Deputy Bernard J. Durkan asked the Minister for Social Protection when a carer’s support grant will be paid in the case of a person (details supplied); and if she will make a statement on the matter. [23517/24]

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Written answers

The Carer’s Support Grant (CSG) is an annual payment made to full-time carers who satisfy certain conditions.

The person claiming the CSG must:

• Be aged 16 or over and ordinarily resident in this State

• Care for the person on a full-time basis

• Care for the person for a continuous period of at least six months – this period must include the first Thursday in June (1st June 2023)

• Live with the person being looked after, or this person can be contacted quickly by a direct system of communication (i.e., a telephone or alarm)

• Not be employed / self-employed for more than 18.5 hours per week

• Not be in receipt of, or entitled to receive Jobseeker’s Allowance or Jobseeker’s Benefit or be signing for credited contributions

Additionally, the person being cared for must:

• Be so incapacitated as to need full-time care and attention

• Not normally live in a hospital, convalescent home, or another similar institution

• Not receive full-time care and attention within their own home from another person other than the person claiming the Grant

I can confirm that my Department received an application for CSG from the person concerned on 28 March, 2024.

An information request issued to the person concerned on 8 April 2024. 

As the person concerned did not submit all of the requested information, their entitlement to CSG could not be determined and the application was disallowed.

The person concerned was notified on 16 May 2024 of this decision, the reason for it and of his right of review and appeal.

I hope this clarifies the position for the Deputy.

Pension Provisions

Questions (225)

Bernard Durkan

Question:

225. Deputy Bernard J. Durkan asked the Minister for Social Protection when a pension top-up might be granted in the case of a person (details supplied); and if she will make a statement on the matter. [23522/24]

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Written answers

State pension (non-contributory) is a means-tested payment for people aged 66 and over, who have a legal right of residence and habitually reside in the state, and who do not qualify for a state pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.

Following previous representations from the Deputy in this matter, on 19 June 2023, a Deciding Officer wrote to the person concerned, setting out the evidential requirements to assess their satisfaction of the habitual residency condition, in order to determine their eligibility for a state pension non-contributory.  To date, no reply has been received. 

For their convenience, a copy of the letter dated 19 June 2023 has re-issued to the person concerned.

Should the person be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit this evidence to the Department in order for their eligibility for state pension non-contributory to be considered.

I trust this clarifies the matter for the Deputy.

Social Welfare Rates

Questions (226)

Bernard Durkan

Question:

226. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 210 of 16 May 2024, if the case of a person (details supplied) can be urgently reviewed with a view to granting full entitlement; and if she will make a statement on the matter. [23523/24]

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Written answers

Disability Allowance is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and Habitual Residency conditions.

As previously advised to the Deputy, the financial position of the person concerned has been referred to a Social Welfare Inspector (SWI) to complete a fresh assessment of means. Details of the maintenance order have been submitted by you and the applicant separately.

Once the SWI returns their report, a decision will issue directly to the person concerned, without delay.

I trust this clarifies the position for the Deputy.

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