Written Answers Nos. 426-445
426. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage if he will outline, in the context of the designated areas of Corca Dhuibhne as a national park, what material difference this will make to the area; the additional requirements, if any, on the authorities; and if he will make a statement on the matter. [25557/24]
View answerPáirc Náisiúnta na Mara, Ciarraí, is Ireland’s newest and largest National Park and our first marine National Park. The creation of the Páirc fulfils a Programme for Government commitment, and brings together some of the most significant and diverse sites in Ireland's territory for marine and coastal biodiversity, as well as a wealth of archaeological, cultural and historical heritage.
Bringing these places together in the ownership of the public in perpetuity affords the highest level of protection that the State can offer, for generations to come.
The primary purpose of the Páirc is the conservation and sustainable management of nature and biodiversity in these lands and waters, and it will be managed with that purpose in mind. The Páirc will be managed primarily by the National Parks and Wildlife Service (NPWS), in partnership with the Office of Public Works and other strategic partners in certain specific areas as appropriate. NPWS will also liaise and work closely with Kerry County Council, and other stakeholders & landowners in the area, as well as the local communities.
The creation of the Páirc commits the State not only to preventing damage in the Páirc, but also to pursuing proactive conservation for all wildlife habitats and species therein. In addition to the primary goal of biodiversity conservation, a key objective is to deliver significant benefits for the conservation of other aspects of heritage – historic, cultural, language, and for amenity and tourist benefit, education, local industry and especially to the benefit of local people and communities.
My Department is currently engaging with local stakeholders, and a formal consultation process for the Páirc will open on a national basis later this month. I am confident that Páirc Náisiúnta na Mara Ciarraí has a very bright future, and will continue to bring fundamental benefits for biodiversity, for heritage, for visitors and the local communities as a world class National Park, for many generations to come.
427. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the basis on which the Abbey bridge, Naas, County Kildare is proposed for closure on whatever grounds given that the bridge was built in the first instance to facilitate local traffic as a crossing point; and if he will make a statement on the matter. [25604/24]
View answerWaterways Ireland is a North/South Implementation Body established under the British Irish Agreement of 10 April 1998. It is funded by my Department and the Department for Infrastructure in Northern Ireland.
The information requested is not held in my Department.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for Waterways Ireland is ceoffice@waterwaysireland.org
428. Deputy Richard Boyd Barrett asked the Minister for Social Protection if, with regard to a non-habitual Irish citizen who has returned to Ireland for health reasons in order to avail of their family’s support, considering the habitual residence requirement for most payments and supports where the individual is seriously ill, unable to work, and does not have savings, she will outline what payments, grants, supports and loans are available for application for non-habitual citizens in Ireland; and if she will make a statement on the matter. [24589/24]
View answerHabitual residence is a condition that must be satisfied in order to qualify for certain social welfare payments and applies to everyone, irrespective of nationality. The habitual residence condition (HRC) consists of two parts, both of which need to be satisfied. The first part of HRC requires the person to have an unconditional, established right of residence in this country i.e. they are not precluded from getting social welfare payments. The second part of HRC requires an assessment of a person’s situation and intentions using specific factors outlined in the social welfare legislation. The term habitually resident is not defined in law, but infers a degree of permanence in relation to where a person lives. Further information on the habitual residence condition can be found at: www.gov.ie/en/publication/170e70-habitual-residence-condition/
My department provides a range of illness and disability payments which are either based on PRSI contributions made, such as illness benefit and invalidity pension, or include habitual residence conditionality as part of the assessment e.g. the disability allowance scheme. If the person in question has not been resident in Ireland it is unlikely that they will have the necessary PRSI contributions to qualify but may qualify if they can demonstrate that they satisfy the HRC and other conditions required in relation to the scheme being sought.
In addition to illness and disability payments, the supplementary welfare allowance scheme also ensures a safety net within the wider social welfare system and can provide financial assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents.
The Deputy may also wish to contact the Department of Health with a view to clarifying their ‘ordinarily resident’ policy/conditionality and the supports/benefits provided by that Department.
I trust this clarifies the Deputy's question. If he would like to forward the specific details of the case to my Department, my officials will follow up accordingly.
429. Deputy Denise Mitchell asked the Minister for Social Protection for an update on the appeal of a person (details supplied). [24603/24]
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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence at that time, decided to disallow the appeal of the person concerned by way of summary decision on 11 May 2023.
Under social welfare legislation, the decision of the Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in light of new evidence or new facts. I am advised that the person concerned has provided new evidence to the Appeals Office. The Appeals Office has recalled the relevant papers from the Department and on receipt of same, the appeal will be referred to an Appeals Officer for review.
I trust this clarifies the matter for the Deputy.
430. Deputy Denise Mitchell asked the Minister for Social Protection the average response time to the Oireachtas representatives’ email address regarding social welfare appeals. [24604/24]
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.
The Social Welfare Appeals Office has advised me that the current response time to the Oireachtas representatives’ email address regarding social welfare appeals is 15 working days. This can fluctuate depending on resources and volume of queries received.
Improvements in mailbox response times are a priority for the Social Welfare Appeals Office and additional staff have been assigned to the communication section to help reduce response times to both Oireachtas representatives and to appellants.
I trust this clarifies the matter for the Deputy.
431. Deputy Bríd Smith asked the Minister for Social Protection if a person (details supplied) who is self-employed and who was placed on the temporary Covid payment during the pandemic has an entitlement to jobseekers’ benefit payments, or to the State pension (contributory) at 66 given that contributions during the pandemic period were interrupted; to clarify the steps such person needs to take to ensure they do qualify for the State pension (contributory) at 66 in light of the interruption to contributions during the pandemic; and if she will make a statement on the matter. [24617/24]
View answerThe Social Welfare (Covid-19) (Amendment) Act 2020, provided, amongst other provisions, for the attribution of social insurance contributions to insured persons who were beneficiaries of certain Covid-19 income support payments. These payments included the pandemic unemployment payment and the temporary wage subsidy scheme.
Consequently, self-employed individuals who were in receipt of the pandemic unemployment payment in a given year were attributed 52 Class S contributions when they made their annual tax return for that year. To receive the attributed contributions the individual needed to submit an annual tax return for the year in question, including settling any tax liability due.
The attributed class S contributions can help a person qualify for social welfare payments such as Jobseeker’s Benefit, Maternity and Adoptive Benefit.
To qualify for the State Pension (contributory), a person must have entered the social insurance system 10 years before they draw their State Pension (contributory) and have paid a minimum of 520 qualifying contributions. Class S contributions attributed whilst in receipt of a Covid-19 income support can be used to reach this threshold.
Once this threshold is reached, paid contributions, credited contributions and caring periods (where applicable), are used to assess the rate of payment due to any claimant when they apply for the State Pension (contributory).
In addition, in order to be awarded State Pension (contributory), class S PRSI contributors (who have satisfied the other qualifying conditions) must ensure that their tax returns are in order, and any outstanding class S PRSI contribution liability is paid.
I hope this clarifies the matter for the Deputy.
432. Deputy Catherine Murphy asked the Minister for Social Protection the estimated cost of a €1 increase in payments to international protection applicants living in direct provision accommodation, in tabular form; and if she will make a statement on the matter. [24627/24]
View answerMy department administers the Daily Expenses Allowance (DEA) which is paid to protection applicants who reside in, or are waiting for, accommodation provided by the International Protection Accommodation Services (IPAS).
The current weekly rates of payment are €38.80 per adult and €29.80 per child. An increased rate of €113.80 per week for an adult applies where a person is unaccommodated and is on a waiting list for IPAS accommodation. An income assessment is being introduced for the Daily Expenses Allowance with effect from June 2024, for persons 18 years or over.
At the end of April 2024, there were 19,181 adults and 4,933 children in respect of whom daily expenses allowance was being paid. This includes payments to unaccommodated adults on a waiting list for IPAS accommodation.
Based on these figures, the full year additional cost of increasing the weekly rate of payment for adults and children by €1 would be approximately €1.25m. The application of the income assessment may result in the cessation of a number of adults currently in receipt of the Daily Expenses Allowance and impact the numbers used for this estimate.
Policy pertaining to supports for International Protection applicants’ rests with Department of Children, Equality, Disability, Integration and Youth. Any increases to the current rate of Daily Expenses Allowance, would have to be approved by Government and considered in an overall budgetary context.
I trust this clarifies the matter for the Deputy.
433. Deputy Cian O'Callaghan asked the Minister for Social Protection if she will review the eligibility criteria for illness benefit to include people who are self-employed who become ill or injured and cannot work for a period; what alternatives are currently available for self-employed people who cannot work due to illness or injury; and if she will make a statement on the matter. [24655/24]
View answerIllness 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 to illness benefit.
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);
• Treatment Benefit; and
• Widows, 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 or invalidity pension, my Department provides means tested supports under the disability allowance scheme and 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.
My Department will continue to keep its range of supports under review to ensure that they meet their overall objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context, and in the context of contribution rates and the overall sustainability of the Social Insurance Fund.
I trust this clarifies the matter for the Deputy.
434. Deputy Seán Canney asked the Minister for Social Protection the current timeframe for appeals; if there is currently a lengthy delay registering appeals; and if she will make a statement on the matter. [24662/24]
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.
The average processing times for all appeals finalised in 2023 was 16 weeks.
Significant efforts and resources have been devoted to reforming the appeal process in recent years and further improvements in appeals processing times are a priority for the Chief Appeals Officer. There is active engagement between the Appeals Office and the Department to ensure that the appeals process operates efficiently and that where the Deciding Officer's decision is not revised in favour of the appellant that the appeal file is provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer.
Significant efforts and resources have been devoted to reforming the appeal process in recent years. An Appeals Modernisation Project is currently underway the goal of which is to streamline and enhance the end-to-end appeals process for the customer, the Social Welfare Appeals Office and business areas across the Department.
As part of this project a new IT system went live in November 2023. The new system has significantly reduced the time taken to register and acknowledge appeals lodged with the Appeals Office and in time will reduce the overall average processing times. Additional staff are being temporarily assigned to the office to assist with the registration of outstanding appeals. Further improvements in appeals processing times are a priority for the Chief Appeals Officer.
I trust this clarifies matters the matter for the Deputy.
435. Deputy Carol Nolan asked the Minister for Social Protection to provide details of any anti-racism or unconscious bias training and presentations made available to staff in her Department during the period 2021 to date; the content of such training and presentations; the provider of any such training and presentations and the costs incurred for each event; if attendance at such training and presentations is mandatory or voluntary for staff; and if she will make a statement on the matter. [24677/24]
View answerThe Irish Human Rights and Equality Commission (IHREC) Act 2014 introduced a positive duty on public bodies to have due regard to human rights and equality issues.
The Department provides ongoing supports and learning programmes for staff to create awareness in relation to equality for the benefit of staff and customers.
All new staff undertake a mandatory three-day Induction and Orientation course, one day of which is focused on best customer service practice and addresses issues of equality and diversity, discrimination and unconscious bias to underpin the significance of these matters.
The Department’s learning and development unit has developed unconscious bias modules as part of its customer service, people management, and team building training.
In addition, a number of eLearning modules include elements of unconscious bias:
• the business of the Department
• decision making & natural justice
• revised decisions and their date of effect
• role and responsibilities of a deciding officer
• social welfare inspector – an introduction to employer investigations.
The Department has developed a suite of accredited learning programmes in collaboration with the National College of Ireland (NCI). These programmes include topics such as decision making and bias as well as ethics, equality and diversity. An unconscious bias module is taught on these programmes.
An external provider, Insights Training, delivered a webinar on unconscious bias to staff in March 2021 at a cost of €500; attendance was voluntary.
436. Deputy Carol Nolan asked the Minister for Social Protection if her Department will be prioritising the progression of any specific pieces of legislation prior to the Dáil summer recess; and if she will make a statement on the matter. [24709/24]
View answerThe following Bills are currently before the Oireachtas, which I expect to see enacted before the summer recess:
The Automatic Enrolment Retirement Savings Systems Bill 2024 has completed all stages in Dáil Éireann and Second Stage in Seanad Éireann. Committee and Report Stages in the Seanad are scheduled for 19th June 2024.
This Bill is designed to give legislative effect to the establishment of an automatic enrolment retirement savings system for employees in employment not covered by qualifying schemes. In addition, the Bill provides for the payment of contributions by participants, their employers and the State, the investment of contributions and the payment of retirement savings to participants when they reach State Pension age.
The Civil Registration (Electronic Registration) Bill 2024 has completed Committee Stage in Dáil Éireann, with Report and Final Stages to be taken there on 19th June 2024.
The main purpose of this Bill is to legislate for online registration of births, stillbirths and deaths; to allow notifications of births and deaths to be provided electronically to the State; to allow an interim death certificate to issue where the investigation of a death referred to a Coroner is ongoing; to amend the definition of a stillborn child and create a Record of Stillbirths. The Bill also makes a number of other amendments to civil registration legislation.
The Social Welfare (Miscellaneous Provisions) Bill 2024 is currently at Second Stage in Dáil Éireann, which is due to be completed on 12th June 2024 , with Committee Stage scheduled for 18th June 2024, and Report and Final Stages on 26th June 2024. It is hoped that all stages in Seanad Éireann will be taken in the first week of July.
This Bill is designed to give legislative effect to a new Jobseeker’s Pay-Related Benefit for newly unemployed jobseekers as well as the implementation of a programme of Pay-Related Social Insurance (PRSI) increases from 2024 to 2028 inclusive.
In addition to the Bills currently before the Oireachtas, I intend to bring a Memorandum to Government seeking permission to draft provisions for bereaved partners, taking into account the Supreme Court judgment in the O’Meara case ([2024] IESC1).
437. Deputy Kathleen Funchion asked the Minister for Social Protection the benefits or pensions that are available to a spouse on behalf of a deceased spouse; the query relates to a person (details supplied) who was deemed entitled to invalidity pension but passed away before they could receive it. [24721/24]
View answerInvalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the contribution conditions.
The spouse of the person referred to was awarded IP from 23 August 2007 which was due to go into payment from 08 November 2007. However, as he passed away on 5 November 2007, he did not receive any IP payments. Her late spouse was in receipt of Illness Benefit (IB) at the time of his death and a cheque issued on 15 November 2007 for all IP arrears due from 23 August 2007 to 7 November 2007 less the IB paid in the overlapping period. The person concerned was not due a 6 weeks after death payment on her late spouse’s IP as she was not receiving a Social Welfare payment at the time of his death or was not a qualified adult on his IP or IB payments.
The person in question was awarded Widower's or Surviving Civil Partner's (Contributory) Pension (WCP) effective from 9 November 2007, which was from the first Friday after her late husband’s death. WCP is a contribution based payment for a widow, widower or surviving civil partner who satisfy certain social insurance conditions and do not cohabit with another person as a couple. The person concerned is in receipt of WCP at a rate equivalent to the State Pension Contributory rate from her 66th birthday and it is the appropriate Social Welfare payment for her at this time.
I trust this clarifies the matter for the Deputy.
438. Deputy John McGuinness asked the Minister for Social Protection if the State pension (contributory) being paid to a person (details supplied) will be increased to the maximum, based on contributions made by them while working in Australia and the information submitted by them in this regard. [24769/24]
View answerThe person concerned reached pension age on 27 November 2022. The standard state pension (contributory) was awarded at the weekly rate of €249.30 which is 90% of the maximum rate payable. This was based on 1,693 Irish contributions and credits from 1977 to 2022, giving a yearly average of 38 contributions. In order to qualify for the maximum rate a yearly average of 48 is required.
A bilateral pro-rata state pension (contributory) is payable to people who worked in a country with which Ireland has a Bilateral agreement who do not qualify for a standard pension based on their Irish contributions alone or who may qualify for a higher rate of pension based on a combination of Irish contributions and contributions from the other country.
The persons Australian record was received by my department from the Australian authorities on 30 May 2024. The person's state pension (contributory) was reviewed and it was determined that based on their combined social insurance record they would have an entitlement to €229.50 per week. However, as it is financially more beneficial for them to remain on the standard state pension (contributory), that payment will remain in payment. A letter issued to the person concerned on 5 June 2024 informing them of the outcome of the review.
I have arranged for a copy of their Irish record to issue to them. If they consider that they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to Social Welfare Services, College Road, Sligo, F91 T384 and their pension entitlement can be reviewed.
It is also open to the person concerned to apply for the state pension (non-contributory) which is a means-tested payment with a maximum payment of €266.00 per week.
I hope this clarifies the matter for the Deputy.
439. Deputy Michael Healy-Rae asked the Minister for Social Protection if assistance is available to a family that use public transport to take their six-year-old daughter (details supplied) to and from Dublin on a regular basis due to medical issues; and if she will make a statement on the matter. [24787/24]
View answerUnder the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help meet expenses that an eligible person cannot pay 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. The ANP scheme is means tested, demand led and administered by Designated Persons (DPs) in the Community Welfare Service (CWS) taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. The legislation providing for ANPs does not confer a statutory right or entitlement to a payment. The principal consideration in making a payment under the scheme is to address a particular need. A person can apply for an ANP by completing a SWA1 form which is available in all Intreo Centres and Branch Offices. It can also be requested by calling 0818 60 70 80 and by using this link www.eforms.gov.ie/en/forms/5. A completed application form together with any supporting documentation can be returned directly to my Department where the claim will be processed quickly. Where a person has a verified MyGovID they can also apply online for an Additional Needs Payment (ANP) at www.MyWelfare.ie. If the Deputy wishes to provide the details of the persons concerned, my officials can make contact with them to establish if an entitlement to assistance under the SWA scheme may exist.I trust this clarifies the matter.
440. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if, in relation to the legislation arising from a case (details supplied), cohabiting couples without (dependent) children will be covered like married couples without children are. [24802/24]
View answer441. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if cohabiting couples who lost their partner in 2020 will receive backdated payments if they made a claim and were turned down. [24803/24]
View answer442. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if cohabiting couples who lost their partner before a person (details supplied) lost their partner, will be entitled to a backdated payment or if they will only be entitled to payments from the date of a new application and not from the date of their partner's death. [24804/24]
View answer443. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the number of years of cohabitation that will be required to qualify for all cohabiting couples in the future. [24805/24]
View answerI propose to take Questions Nos. 440, 441, 442 and 443 together.
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 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 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 trust this clarifies the matter for the Deputy.
444. Deputy Patrick Costello asked the Minister for Social Protection what plans there are to enable those who hold a gender recognition certificate to update their name on their child's birth certificate, in order that presenting their child's birth certificate does not disclose the parent's transgender status. [24850/24]
View answerThe Gender Recognition Act 2015 was enacted on 22 July 2015 and commenced on 4 September 2015.
The purpose of the Act is to allow a person to apply for a gender recognition certificate.
Legal recognition of a person’s new gender is not retrospective. A person’s preferred gender will start to be legally recognised only from the date of issue, and not before that date.
Consequently, a person who has received a gender recognition certificate since the registration of the birth of their child will not be able to amend their details on their child’s birth record to reflect their new identity.
445. Deputy Patrick Costello asked the Minister for Social Protection what plans there are to allow Irish citizens born abroad who are not eligible to be listed in the foreign birth register to be granted a gender recognition certificate. [24851/24]
View answerSection 9 of the Gender Recognition Act 2015 sets out the conditions which a person is required to meet in order to qualify for a gender recognition certificate.
The applicant must meet one of the following three qualifying criteria:
• their birth or adoption is registered in the State,
• they have become an Irish citizen by having their birth registered in the Foreign Births Register maintained by the Minister for Foreign Affairs, or
• they are ordinarily resident in the State.
The application process was set up to cater for applicants born in the State, born abroad but ordinarily resident in the State and born and living abroad but with an entry in the Foreign Births Register.
