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Tuesday, 11 Jun 2024

Written Answers Nos. 1-22

Citizens Information Services

Questions (2)

Pauline Tully

Question:

2. Deputy Pauline Tully asked the Minister for Social Protection if she intends to put adequate funding in place to ensure that the business case submitted to the Citizens' Information Board by the National Advocacy Service in relation to pay, grades and other conditions, on foot of a Labour Court recommendation, is undertaken; and if she will make a statement on the matter. [25425/24]

View answer

Written answers

I am very aware of and wish to acknowledge the important advocacy services that the National Advocacy Service provides to adults with disabilities across the country, helping to ensure their wishes and preferences are heard in decisions that affect their everyday lives.

As you are aware, the National Advocacy Service is a company limited by guarantee, and a registered charity.  It is funded to provide services on behalf of Citizens Information Board.  The Citizens Information Board in turn is funded by my Department.

I am aware of the ongoing industrial relations issues concerning pay, grading and other employment conditions, including the recent Labour Court recommendation - which issued last January.   

I understand from the CIB, arising from the Labour Court recommendation, that the National Advocacy Service submitted a business case to the CIB with proposals on how to deal with these issues.  This was submitted to CIB on 10th May last.  I am sure that the Deputy will appreciate that time had to be given to CIB to consider this business case.

As part of these considerations, I understand that CIB is actively engaging with the National Advocacy Service.  The CIB held a facilitated meeting with the National Advocacy Service, along with Kevin Duffy, former Chairman of the Labour Court, acting in an independent capacity, on 30th May last to discuss a path forward to resolve these issues.  There has been ongoing discussion involving all parties since that date.  These are continuing this week.

My Department is fully supportive of a facilitated engagement between parties as the best way to resolve these issues and we have communicated this support to CIB. 

I would strongly encourage SIPTU, NAS management and CIB to continue to engage in the independent facilitation process which has been proposed.   I am confident that an agreement can be reached through this engagement.

If, following this process,  a request for an increased funding is submitted to my Department my officials will consider it carefully in a constructive manner.  We will also need to engage with colleagues in the Department of Public Expenditure, NDP Delivery and Reform with a view to determining any budgetary implications.

I trust this clarifies matters for the Deputy.

Questions Nos. 3 to 13, inclusive, answered orally.

School Meals Programme

Questions (14)

Paul Murphy

Question:

14. Deputy Paul Murphy asked the Minister for Social Protection if she will expand the free school meals programme to preschools; and if she will make a statement on the matter. [25411/24]

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Written answers

The 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.

Entry to the School Meals Programme had historically been confined to DEIS schools in addition to schools identified by the Department of Education as having levels of concentrated disadvantage meaning that their students would benefit from access to the programme.  Prior to the introduction of DEIS in 2005, all schools and organisations that were part of one of a number of Department of Education's initiatives for disadvantaged schools were eligible to participate in the programme.

Currently some 190 pre-schools/childcare centres receive funding from the Department under the School Meals Programme.

The Early Years Services Regulations state that Early Learning and Care Services must ensure that all children in attendance receive a nutritious diet that takes account of individual needs and preferences.  Under these regulations, Early Learning and Care Services are required to develop a Policy on Healthy Eating.  The Tusla Early Years Inspectorate inspects the policy using these regulations and requirements.

I understand that the Department of Children, Equality, Disability, Integration and Youth recently launched their new Equal Start model to address disadvantage, which includes a commitment to future funding for additional meals in approximately 800 priority Early Learning and Care settings to help address food poverty. 

Any further steps regarding the meal programme for pre-schools is a matter for the Department of Children, Equality, Disability, Integration and Youth.

State Pensions

Questions (15)

Richard Boyd Barrett

Question:

15. Deputy Richard Boyd Barrett asked the Minister for Social Protection if she plans to increase funding for the State pension; and if she will make a statement on the matter. [19523/24]

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Written answers

During the lifetime of this Government, as the Minister of Social Protection, I am proud to have introduced many improvements for pensioners and older people.  As part of Budget 2024, I secured a €2.3 billion Social Protection package.  This was, for the second year in a row, the largest Social Protection budget in the history of the State.

Post-Budget analysis from the ESRI showed that the package would insulate most older people from rising prices into 2024.

For the second year in succession, the State Pension increased by €12 per week and has now increased by €29 in the lifetime of this Government.

This weekly increase was part of a broader package, along with a wide range of lump-sum payments which were paid in late 2023 and into 2024.

These included supports for those living alone, and those in receipt of Fuel Allowance, many of whom are pensioners.  In addition to this a double bonus payment was paid both at Christmas and in January, a time when costs are higher, especially for retired and older people.

In Budget 2023, I significantly extended the means limits for Fuel Allowance for those over 70.

Across my time in Government, we have seen very significant rises, across the board, in the rates of pensions, and secondary payments.

Decisions about Budget 2025 will be made in the coming months.  In working with my Ministerial colleagues, I will of course continue to take account of independent evidence from the CSO, the ESRI and bodies such as the Minimum Essential Standard of Living Research Centre.  As always, I will also listen closely to the views of Deputies in this house, the community and voluntary pillar, advocacy groups and other stakeholders in the run up to the Budget.

Social Welfare Payments

Questions (16)

Ruairí Ó Murchú

Question:

16. Deputy Ruairí Ó Murchú 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. [25417/24]

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Written answers

Under 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 Supreme Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution.  The Supreme Court judgment noted that in order to resolve the issue raised by the judgment, a legislative amendment is required.

My officials are considering the measures necessary to respond to the Supreme Court judgment, which raised a number of complex issues, and are at an advanced stage of developing the draft legislative changes that are required to implement the decision.  This is being done in conjunction with the Office of the Attorney General.  Once proposals have been finalised, these will be brought to Government for approval in the coming weeks.

I hope this clarifies the matter for the Deputy.

Pensions Reform

Questions (17)

Catherine Connolly

Question:

17. Deputy Catherine Connolly asked the Minister for Social Protection further to Parliamentary Question No. 22 of 25 April 2024, to provide an update on the proposed automatic enrolment pension scheme; if the tender process has been completed to date; and if she will make a statement on the matter. [25428/24]

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Written answers

The introduction of an auto-enrolment retirement savings system is a Programme for Government commitment, and a key priority for me as Minister for Social Protection.

Implementation of the AE system has been gathering pace, with the intention to commence the scheme in early 2025.  Its implementation will represent the single biggest reform of the pension system in the history of the State.

The legislation to underpin the system is currently in the Seanad, having already been passed by the Dáil in May.  It is expected that the Bill will pass all stages this term.

A procurement exercise for a Managed Service for the Provision and Operation of the Automatic Enrolment Retirement Savings Scheme is well advanced; it is expected that a preferred bidder will be notified very shortly.  A further procurement exercise for outsourced investment management services is also at an advanced stage of development and will commence in the coming months.

In parallel, discussions with the Revenue Commissioners regarding data exchanges to facilitate the identification of eligible participants have progressed and my officials are engaged in ongoing discussions with the Payroll Software Developers Association regarding AE.

A three-phase multichannel communications strategy has been developed, incorporating an awareness phase, an information phase, and a launch phase, and is being implemented on an ongoing basis.  A range of direct communication activities and stakeholder outreach are already underway with a particular focus on employers, employer representatives and worker representatives.  

While there remains much to be done in this ambitious project, considerable progress is being made on multiple workstreams.

I hope that this clarifies matters for the Deputy.

Social Welfare Payments

Questions (18)

Aindrias Moynihan

Question:

18. Deputy Aindrias Moynihan asked the Minister for Social Protection if any action is needed by recipients of reduced payment of carer's allowance on the planned increase in household income criteria; and if she will make a statement on the matter. [25385/24]

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Written answers

The Government acknowledges the crucial role that carers play in Irish society and is fully committed to supporting carers in that role.

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

There are currently 96,742 recipients of Carer’s Allowance.  The projected expenditure on Carer’s Allowance in 2024 is approximately €1.1 billion.

On Thursday 6 June 2024, the income disregards for Carer’s Allowance increased from €350 to €450 for a single person, and from €750 to €900 for carers with a spouse or partner.

The change will not affect customers in receipt of the full weekly rate of Carer’s Allowance.  However, anyone in receipt of a reduced weekly rate of payment of Carer’s Allowance due to their household means will see an increase in their payment from June 6th onwards.  Payments have been automatically adjusted to take account of the new income disregard and no action is required on the part of the carer.

I hope that answers the Deputy's query.

Social Welfare Payments

Questions (19)

Aengus Ó Snodaigh

Question:

19. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection to provide an update on the case of a person (details supplied); if she acknowledges that given the basic income for the arts payments did not commence until the week of 2-8 November 2022, there was no grounds for retrospectively deeming the person ineligible for jobseeker’s allowance since 29 August 2022 and imposing debt on them to pay back from that period; and if she will make a statement on the matter. [25439/24]

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Written answers

My Department is committed to providing a quality service to all citizens, ensuring that applications are processed and that decisions on entitlement are made as quickly and fairly as possible.  The person concerned was in receipt of Jobseekers Allowance.  They applied for the Basic Income for the Arts scheme which is administered by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media.  The Basic Income for the Arts Payment was awarded and backdated to the date of application, 3 months back.  The income from the Basic Income for the Arts scheme is assessable as self-employed means and the revised decision assessing these means was backdated retrospectively from the commencement date of the Basic Income scheme, resulting in the overpayment.

Deciding officers are independent in their decision making and are required to apply the law on a case-by-case basis.  All statutory decisions are bound by the relevant provisions of the Social Welfare Consolidation Act 2005 and associated regulations.  In determining the effective date of a revised decision, which may result in the assessment of an overpayment, a deciding officer will have regard to the facts of each case and the evidence that has come to his or her attention since the original decision was made.

It is open to any person to request a review of any statutory decision made by my Department and any new evidence or information provided to the Department will be considered as part of this review.  If a person is dissatisfied with the outcome of this review, they can submit a request for an independent appeal of the decision to the Social Welfare Appeals Office. 

To date no appeal has been received.  However, my Department is accepting this Parliamentary Question as a request for a further review of this decision. Depending on the outcome of this review any consequent decision will have the option of an appeal to the Social Welfare Appeals Office.

I hope that clarifies the matter for the Deputy. 

Energy Conservation

Questions (20)

Darren O'Rourke

Question:

20. Deputy Darren O'Rourke asked the Minister for Social Protection further to Parliamentary Question No. 136 of 29 May 2024, if she has considered making a recommendation to the Minister for the Environment, Climate and Communications that those in receipt of an invalidity pension should qualify for inclusion as part of the SEAI’s warmer homes scheme; if she has not, to provide a breakdown of the reasons therefor; and if she will make a statement on the matter. [25437/24]

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Written answers

My Department provides income supports for those unable to work due to illness or disability, both social insurance and means tested schemes. 

Invalidity Pension is a social insurance scheme. Eligibility is based on PRSI contributions and medical condition.  In order to qualify, the person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months or must be permanently incapable of work.

The Sustainable Energy Authority of Ireland (SEAI) provides free home energy upgrades to homeowners who get certain social welfare payments on behalf of the Department of the Environment, Climate and Communications.  These upgrades help improve the energy efficiency and warmth of a home and are also known as the Warmer Homes Scheme.

One of the criteria for qualifying for the Warmer Homes Scheme includes being in receipt of the Fuel Allowance.  A person who is in receipt of Invalidity Pension can apply for the Fuel Allowance scheme where they must satisfy a means test and meet all other required conditions to qualify.

Therefore, those in receipt of Invalidity Pension and Fuel Allowance may qualify for the Sustainable Energy Authority of Ireland (SEAI) Warmer Homes Scheme.

Any further queries regarding the Warmer Homes Scheme should be directed to the Department of the Environment, Climate and Communications.

I trust this clarifies the matter for the Deputy.

Citizens Information Services

Questions (21)

Pauline Tully

Question:

21. Deputy Pauline Tully asked the Minister for Social Protection if she has engaged with the Citizens' Information Board in an effort to prevent industrial action being undertaken by National Advocacy Service staff due to Labour Court recommendations not being instituted; and if she will make a statement on the matter. [25426/24]

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Written answers

I acknowledge and value the important advocacy services that the National Advocacy Service (NAS) provides to adults with disabilities across the country, helping to ensure their wishes and preferences are heard in decisions that affect their lives.  

As you may be aware, NAS is a Company Limited by Guarantee, and a registered charity, that is funded by the Citizens Information Board (CIB) to provide services.  CIB lies under my Department's aegis.

CIB has informed my Department that NAS employees have balloted for industrial action, starting on the 12th June, and, as funders of CIB, we are monitoring the situation closely. 

I understand that CIB is actively engaging with NAS to resolve these industrial relations issues, in the context of the Labour Court recommendation.  The CIB held a facilitated meeting with NAS, along with Kevin Duffy, former Chairman of the Labour Court, on 30th May last to discuss a path forward to resolve these issues.  CIB wrote to NAS in follow-up to that meeting, last week and there has been ongoing discussions involving all parties since that date.  These are continuing this week. 

My Department is fully supportive of a facilitated engagement between both parties as the best way to resolve these issues and we have communicated this support to CIB.  I encourage all parties involved to engage fully with this process - until its conclusion.

The focus of all parties should also be on the people using these critical services and working to minimise any impact on them by reaching agreement.  I would therefore hope that while the proposed process is ongoing, industrial action would not proceed.  

We remain open to discussions on the pay and conditions of this group and we have engaged with our colleagues in Department of Public Expenditure, NDP Delivery and Reform in relation to this. If, following the proposed process, a request for increased funding for NAS is submitted to my Department by CIB, my officials will consider it carefully and constructively, and continue to engage with colleagues in the Department of Public Expenditure, NDP Delivery and Reform on budgetary implications.

Social Welfare Eligibility

Questions (22)

Paul Murphy

Question:

22. Deputy Paul Murphy asked the Minister for Social Protection if she will reduce the number of PRSI contributions needed to qualify for pay-related jobseekers' benefit in order that more young workers can avail of it; and if she will make a statement on the matter. [25408/24]

View answer

Written answers

I secured Government approval last month to proceed with legislation for a new Jobseeker's Pay-Related Benefit Scheme.  The Second Stage of the Social Welfare (Miscellaneous Provisions) Bill 2024, which sets out the legislative frame for the new scheme, was read in the Dáil on 30 May.  

The Jobseeker's Pay-Related Benefit will be available to newly fully unemployed persons who have a strong and recent attachment to the labour market.

(1) In order to qualify for the benefit, a person must have at least 104 employment contributions in the period since entering insurance, at least 4 employment contributions in the 10 weeks immediately prior to the date the application for benefit is made; and at least 26 employment contributions in the 52 weeks immediately prior to the first week for which they are claiming benefit.

The weekly rate of payment for people who have at least 5 years paid PRSI contributions will be 60% of previous earnings, subject to a maximum of €450, for the first 3 months.  The rate will change to 55% of earnings subject to a maximum of €375 for the following 3 months.  A further 3 months will be paid at the rate of 50% up to a maximum €300.

For persons who have between 2 and 5 years contributions, the rate will be 50% of previous earnings, subject to a weekly maximum of €300 and 6 months' duration.

The introduction of the Jobseeker's Pay-Related Benefit will ensure that people with a strong work history receive enhanced benefits if they lose their employment and strengthens the contributory principle which is key to the social insurance system. 

I am satisfied that the contribution conditions for the new scheme are appropriate.  In order to qualify for the existing Jobseeker's Benefit, a person must have at least 104 contributions since entering insurance, similar to the requirement for the pay-related scheme.

My Department is working on the necessary arrangements to facilitate the introduction of the scheme towards the end of this year.

I am committed to supporting and improving the capacity of people to take up employment, education and training opportunities. 

I launched the updated Pathways to Work last month which includes a commitment to re-launch and deliver activities under the Employment & Youth Engagement Charter with a target of signing up 300 employers and benefiting 1,000 jobseekers from priority groups, including young people. 

I trust this clarifies the situation for the Deputy.

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