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Tuesday, 11 Jun 2024

Written Answers Nos. 467-486

Gender Recognition

Questions (467)

Leo Varadkar

Question:

467. Deputy Leo Varadkar asked the Minister for Social Protection if she would support a change in the law to allow people to register their gender as intersex or to change it from indeterminate to intersex either through self-identification or medical advice. [25152/24]

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Written answers

The Gender Recognition Act 2015 allows a person to change their preferred gender. The General Register Office facilitates this process by providing a gender recognition certificate to any applicant who meets the criteria set out in the Act.

Social Welfare Code

Questions (468)

John McGuinness

Question:

468. Deputy John McGuinness asked the Minister for Social Protection what state supports and benefits are paid to foster families who have cared for a special needs person for over 20 years from childhood to adulthood; if there are ongoing care payments that they are entitled to; if the individual that requires the care is automatically entitled to some form of payment and/or a social welfare payment in their own right. [25156/24]

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Written answers

One of the key roles of my department is that of income support for people experiencing specific contingencies that limit their ability to earn an income. These contingencies include unemployment, illness/disability and caring responsibilities. These payments reflect the fact that people experiencing these contingencies cannot earn, or can earn only a limited employment income. The payments are accordingly intended to provide an income support to people who have no other means or resources to rely upon.

Matters related to foster caring, including any criteria relating to work, are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth, and for Tusla.

The Department of Social Protection provides a comprehensive package of carers’ income supports including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Combined spending on these payments to carers in 2024 is estimated at over €1.7 billion. Foster carers can avail of these payments where they meet the qualifying conditions.

The Carer’s Allowance is the main scheme by which the department provides income support to carers in the community. Carer’s Allowance is a means tested social assistance payment awarded to those carers who are caring for certain people who require full-time care and attention.

The primary objective of the payment is to provide an income support to carers whose earning capacity is substantially reduced as a consequence of their full-time caring responsibilities and in so doing to support the ongoing care of the person in respect of whom care is being provided. Payment of this allowance continues for as long as entitlement remains.

Non-means tested payments available to family carers include:-

• Carer's Benefit is a payment made to insured people who leave the workforce to care for someone in need of full-time care and attention. It is payable for a maximum period of 104 weeks for each person being cared for. It can be taken in one block or in separate periods as long as the combined total does not exceed 104 weeks.

• 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. The grant is paid in a single lump sum annually, usually on the first Thursday in June. The grant is not means-tested and is not taxable and is paid in respect of each care recipient.

• Domiciliary 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. 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.

With regard to individual payment supports for an adult with a disability, my department provides long-term 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 Invalidity Pension, and non-contributory payments based on a means test, such as Disability Allowance. Disability Allowance is a long-term disability payment which is subject to a means test, medical assessment, and a habitual residency requirement.

Entitlement to these supports is generally contingent on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work. It is not dependent on the nature of the illness or disability.

The current State Pension (Contributory) system provides measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate. Foster carers are entitled to the benefits of the Homemaker’s Scheme or HomeCaring Periods and will qualify if the carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, they can still qualify for Homemaker’s Scheme or HomeCaring Periods provided the caring periods are confirmed by Tusla.

Despite these measures, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory). They may for example have difficulty establishing the minimum number of 10 years' paid contributions.

Last year, legislation was enacted to implement a series of landmark reforms to the State Pension system as part of the Government's response to the Pensions Commission’s recommendations. A key measure introduced from January 2024 is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years. It will do this by attributing the equivalent of a paid contribution to long-term carers to cover gaps in their contribution record for State Pension (Contributory) purposes. Therefore, Foster Carers who have cared for an incapacitated dependent or dependents for over 20 years may also benefit from this important change. In implementing this reform, I was particularly conscious of carers who have been unable to work and have been caring for their child with a disability through childhood and now into adulthood.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (469)

Cian O'Callaghan

Question:

469. Deputy Cian O'Callaghan asked the Minister for Social Protection if she will look into a case (details supplied) whereby a person on invalidity pension was refused a fuel allowance; and if she will make a statement on the matter. [25196/24]

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Written answers

Fuel Allowance (FA) may be payable to certain households in receipt of long term Social Welfare payments who are unable to provide for their heating needs. The allowance is subject to a means test and is paid only to those who live alone or with certain exempted people. Only one Fuel Allowance is payable per household.

An application for FA was last received from the person concerned on 14 February 2024. The application was refused on the grounds that his household is an unqualified one for FA. The information available to my Department was that the spouse of the person in question was in paid employment and is not an exempted person within the household for the purposes of the scheme.

The person referred to was notified of the decision to refuse his application on 21 February 2024. A review was requested, however, the outcome of the review was that the application was still refused as the household circumstances had not changed. The person concerned was notified of the decision on the review on 24 April 2024.

It is open to apply again for FA at any time if his household circumstances change.

I trust this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (470)

Bernard Durkan

Question:

470. Deputy Bernard J. Durkan asked the Minister for Social Protection if any financial assistance is available in the form of rent supplement in the case of a person (details supplied); and if she will make a statement on the matter. [25200/24]

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Written answers

The Rent Supplement (RS) scheme administered by my Department, provides short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source.

The responsibility for the provision of rent support to those with a long-term housing need has transferred from the Department of Social Protection to the local authorities. Persons with a long-term housing need should contact their local authority where information is available regarding suitable housing supports including the Housing Assistance Payment (HAP).

According to the records of my Department, the person concerned applied for RS. It should be noted that the rent for their property is significantly above comparable rents in their area and is substantially above the maximum rent limit for a couple. A letter issued to the persons concerned seeking additional documentation in support of their application. While the requested documentation has been partly received, the following items remains outstanding:

• A letter from the Housing Authority confirming who is listed on the person’s application for social housing.

• Details of all residents living at the person’s address and proof of their income.

Upon receipt of the requested documentation, the person's application will be assessed, and they will be advised of the outcome in writing.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (471)

John McGuinness

Question:

471. Deputy John McGuinness asked the Minister for Social Protection if carer’s allowance will be approved for a person (details supplied). [25214/24]

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Written answers

Carer's Benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.

To qualify, the carer must satisfy PRSI conditions; employment conditions; show that they are providing full-time care and attention; and must show that the care recipient requires full-time care and attention.

An application for CARB was received from the person concerned on the 12 May 2023. The claim was awarded for the period 27 April 2023 to 25 October 2023.

The person concerned requested an extension of this claim on the 17 October 2023 and this was awarded on the 20 November 2023 for the period 26 October 2023 to 24 April 2024. The extension award letter advised the person concerned to submit up to date medical information seven weeks in advance of the 24 April 2024. Additionally, the person concerned was requested to submit confirmation of new leave dates from their employer five weeks prior to 24 April 2024.

A request for an extension was received from the person concerned on the 01 May 2024, medical information was received on the 10 and 16 May 2024 and confirmation from their employer was received on the 17 May 2024.

The claim was examined by a Deciding Officer and has been extended for the period 27 April 2024 to 23 October 2024. At the end of this period the person concerned will have used 78 weeks of their maximum 104 weeks entitlement.

The CARB payment and any arrears owing were paid via the nominated payment method to the person concerned on the 06 June 2024.

I hope this clarifies the current situation for the Deputy.

Social Welfare Eligibility

Questions (472)

Pádraig Mac Lochlainn

Question:

472. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection the criteria and checklist used to assess an application by a person for disability allowance. [25218/24]

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Written answers

Disability allowance (DA) is a means-tested payment for people with a specified disability who are aged 16 or over and under the age of 66. The applicant must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has lasted for one year or is expected to last for one year and, as a result of which, they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications. The person must also satisfy a means test and be habitually resident in the State.

When making a decision, Deciding Officers (DO) are bound by the Social Welfare Acts and Regulations. This legislation includes provision for the DO to seek the opinion of a Medical Assessor (MA) in respect of whether or not a person satisfies the medical conditions for schemes such as DA. The MAs are fully qualified medical practitioners with several years of experience in a variety of medical fields. Their opinions are informed by medical experience and clinical judgement, recognising the bio-psycho-social model of disability.

Where an MA provides an opinion, the DO shall have regard to that opinion in deciding if the person is incapable of work. Each application is decided on its own merits. Both the MA and the DO take into account the vocational and educational experience of the claimant as well as their age and medical conditions when deciding if sufficient evidence has been provided to satisfy the qualifying criteria for DA.

Social Welfare Legislation provides that the means test takes account of the income and assets of the person (and spouse) applying to the scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares and other investments. The weekly rate of DA payment depends on the amount of weekly means assessed.

The applicant must also be Habitually Resident in the state and may have to provide supporting documents to prove this in order to meet this requirement.

All answers on the DA application form are used assist in the DO in determining a person's entitlement.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (473)

Paul Murphy

Question:

473. Deputy Paul Murphy asked the Minister for Social Protection if, in the case of a person (details supplied), she will instruct her Department to assess an application based on hours worked prior to September 2022 when working hours were reduced due to their son’s care needs; and if she will update the carer’s benefit assessment to allow for secondary school teachers who are job sharing and are therefore working half of a secondary school teacher’s hours [25237/24]

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Written answers

Carer's Benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.

To qualify, the Carer must satisfy PRSI conditions; employment conditions; show that they are providing full-time care and attention; and must show that the care recipient requires full-time care and attention.

Under the provisions of the legislation, to be eligible to claim CARB, a person must have been in remunerative full time employment for a minimum of 16 hours in the week, or 32 hours in the fortnight, for eight weeks out of the previous 26 week period immediately prior to the first day on which a claim is made.

I am satisfied that the CARB scheme as it currently operates is an effective payment for those carers who need to reduce their hours or leave the workforce for a short period. Any changes to the eligibility conditions such as that outlined by the Deputy would have cost implications and could only be considered in an overall budgetary and policy context.

Where a person is unable to satisfy the conditions of the CARB payment they may make an application for Carer’s Allowance (CA).

The person concerned applied for CARB on 28 April 2023 for the period covering the 28 August 2023 to 31 May 2024. The prescribed time for making an application for CARB is from 8 weeks before and up to 8 weeks after the day the person intends to leave or reduce their working hours of employment.

The claim was withdrawn as the person concerned had applied in advance of the eight week prescribed timeframe and correspondence regarding this issued to the person concerned on 5 May 2023. This correspondence also advised the person concerned should make their application for CARB on or after the 3 July 2023.

Another application was received on 20 July 2023 and the claim was disallowed as the person did not meet the employment conditions to qualify for CARB. A person must have been employed in remunerative employment for not less than 16 hours per week/32 hours per fortnight and for at least 8 weeks, whether consecutive or not, in the 26 week period prior to commencing caring/leaving employment to provide full time care.

The person concerned was notified on 16 August 2023 of this decision, the reasons for it and of the right of review and appeal. This letter also advised the person concerned of their right to apply for CA.

A request for a review was received on 25 August 2023 with supplementary information. Following this review, the original decision remained unchanged, and a decision letter issued to this effect on 28 August 2023.

A request to appeal the decision was received directly by the Appeals office. The person concerned was notified on 12 March 2024 that the appeal was disallowed, and the original decision was upheld.

I hope this clarifies the matter for the Deputy.

Departmental Expenditure

Questions (474)

Holly Cairns

Question:

474. Deputy Holly Cairns asked the Minister for Social Protection for an itemised breakdown of how the Budget 2023 allocation of an additional €1 million in funding to expand the provisions made under the Reasonable Accommodation Fund is being spent; and if she will make a statement on the matter. [25248/24]

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Written answers

My Department provides a wide range of income and employment supports to assist jobseekers and employees with disabilities, and their employers. These supports include the Reasonable Accommodation Fund and the Disability Awareness Support Scheme.The Reasonable Accommodation Fund provides financial support for people with disabilities and for employers to help make their workplaces more accessible. The Disability Awareness Support Scheme provides funding for disability awareness training for employees.Last autumn, I published a review of these schemes. The review recommends combining the two schemes into a single flexible scheme, simplifying systems and processes, providing approval in principle, and promoting the reformed scheme.

It also recommends increasing funding, extending workplace needs assessments and job coaching to new recruits and all existing employees, increasing the number of support hours eligible for funding, providing support for blended working and opening the scheme to other employers, for example the voluntary and community sector.

I have allocated an additional €1 million to implement all nine recommendations in the review.

My officials continues to work to make these recommendations operational. I expect to launch the reformed scheme in the coming weeks. Thus, I will not be able to provide a breakdown of how the additional monies will be spent on this scheme until after it has been launched and running for a period of time. I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (475)

Bernard Durkan

Question:

475. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review will be undertaken into the case of a person (details supplied) with a view to restoring IQA payment to full rate where his payment for IQA has been decreased since February 2024; and if she will make a statement on the matter. [25256/24]

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Written answers

An increase for qualified adult (IQA) is a means-tested payment, payable to a claimant on state pension (contributory) 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. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.

As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. Following a review, it was decided that the weekly means of the qualified adult were €206.00. The IQA payment was reduced to €134.40 with effect from 10 February 2023.

The person concerned appealed the decision in July 2023. They were notified on 12 January 2024 that their appeal was disallowed.

It is also open to the spouse of 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 position for the Deputy.

Social Welfare Benefits

Questions (476)

Jackie Cahill

Question:

476. Deputy Jackie Cahill asked the Minister for Social Protection the options are available to stay-at-home parents who wish to qualify for the State Contributory Pension; and if she will make a statement on the matter. [25292/24]

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Written answers

This Government acknowledges the important role that carers play and is fully committed to supporting them in that role. Accordingly, the current State Pension (Contributory) system provides measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate, provided the minimum of 520 (10 years) qualifying social insurance contributions have been paid.

Despite these measures, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory), for example, they may have difficulty establishing the minimum number of 520 paid contributions. This was recognised by the Pension Commission in its report which recommended that long-term carers of incapacitated dependents should be given access to the State Pension (Contributory) and defined long-term caring as caring for an incapacitated dependent for more than 20 years.Last December, I enacted a series of landmark reforms to the State Pension system. The measures are in response to the Pensions Commission’s recommendations and represent the biggest ever structural reform of the Irish State Pension system.One of the key pension reform measures enacted is the introduction of enhanced State Pension provision for people who have been caring for incapacitated dependents for 20 years or more. It does this by attributing the equivalent of paid contributions to these long-term carers to cover gaps in their contribution record for the periods that they were caring for an incapacitated dependent.

This measure is available to individuals who reached State Pension age from 1 January 2024 and is also available to people currently over pension age, but they will only receive a State Pension (Contributory) or enhanced pension from 1st January 2024 where eligible.Last year, my Department launched an online system for people to register for long term caring contributions prior to reaching pensionable age to facilitate the expeditious processing of these periods to their contribution record.I am very pleased that the legislation to give effect to these measures was enacted in December and the scheme came into operation on 1st January 2024.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (477)

Patricia Ryan

Question:

477. Deputy Patricia Ryan asked the Minister for Social Protection if she will clarify, with regard to carer’s allowance and carer’s benefit, the reason these payments, although credited contributions, do not qualify as contributions for the purposes of the State pension (contributory); if there are plans to change this; if there are any measures she can take to ensure that State pension (contributory) claimants (mostly women) are not adversely affected due to providing care for loved ones to the detriment of their pension entitlements. [25321/24]

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Written answers

There are a number of payments and pensions paid by my Department to people over State Pension Age. One of these is the State Pension (Contributory), qualification for which is based on a number of criteria, including a minimum of 520 qualifying social insurance contributions having been paid. For those who have paid the required contributions, these will be used in the calculation of their entitlements.

As the actuarial value of the State Pension is currently estimated at approximately €380,000, I believe it is reasonable to require people claiming a contributory pension to have made at least 10 years of paid contributions over the term of their working life, before qualifying for a payment.

This Government acknowledges the vital role that family carers play and is fully committed to supporting them in that role. Accordingly, the current State Pension (Contributory) system does provide measures, including PRSI credits, Homemaking Disregards and HomeCaring periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.

In addition, last year legislation was enacted to implement a series of landmark reforms for enhanced State Pension provision for people who have been caring for incapacitated dependents for 20 years or more.

Where a person has not been in a position to satisfy the minimum of 520 paid contributions condition for pension purposes due to the time spent caring for an incapacitated dependent, they may be entitled to long-term carer's contributions. Long-term carer's contributions can be awarded to a person who has cared for an incapacitated person for a period of 20 years or more. This is done by attributing the equivalent of a paid contribution to long-term carers of incapacitated dependents to cover gaps in their contribution record for State Pension (Contributory) purposes. These contributions will be treated the same as paid contributions for State Pension (Contributory) entitlement only and can be used to satisfy the minimum 520 contributions condition.

Where a person reaches State Pension age and does not satisfy the conditions to qualify for State Pension (Contributory) or qualifies for less than the maximum rate, they may instead qualify for one of the following:

• The State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the State Pension (Contributory); or

• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate State Pension (Contributory) where their spouse has a contributory pension; or

• Where their spouse/civil partner is deceased, a widow's/widower's/civil partner's contributory pension, which they may claim either based on their spouse's or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the State Pension (Contributory) and the current maximum personal rate for those aged 66 or over is €277.30, i.e., the same as the maximum rate of the State Pension (Contributory), with allowances (notably the Living Alone Allowance) payable where applicable.

I hope this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (478)

Cian O'Callaghan

Question:

478. Deputy Cian O'Callaghan asked the Minister for Social Protection when the backlog of social welfare appeals, which are pending while the Social Welfare Appeals Office assesses the impact of the ruling of the CJEU (details supplied) will be addressed; and if she will make a statement on the matter. [25348/24]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

Decisions on appeals, or reviews of appeal decisions, where the grounds of appeal were based on the High Court Judgment in Voican v the Chief Appeals Officer [2020] IEHC 258 were not made pending the outcome of the appeal of the Judgment by the State to the Court of Appeal.

Consequent to the referral by the Court of Appeal, the Judgment of the Court of Justice of the European Union in C-488/21 Voican v Chief Appeals Officer was delivered on 21 December 2023. The final order of the Court of Appeal in the matter was subsequently received on 19 January 2024. The related court proceedings following the Voican v the Chief Appeals Officer case are being settled.

The Chief Appeals Officer is now in a position to progress pending appeals. In advance of the consideration of the appeals, relevant appellants are being provided with the details of the Judgment and are being invited to make any submissions they feel are relevant to further their appeals. An Appeals Officer will then proceed to consider the appeal and the relevant evidence provided.

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Questions (479)

Cian O'Callaghan

Question:

479. Deputy Cian O'Callaghan asked the Minister for Social Protection if, on foot of the ruling of the CJEU in a case (details supplied) in December 2023, there has been any consideration or consultation with the Department of Justice with a view to amending S.I. 548 of 2015 (the European Communities (Free Movement of Persons) Regulations 2015) and in particular Article 11 of those regulations; and if she will make a statement on the matter. [25349/24]

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Written answers

My Department officials held a series of engagements with their counterparts from the Department of Justice on foot of the ruling in the CJEU case referred to in the Deputies question. These discussions specifically relate to S.I. 548 of 2015 – European Communities (Free Movement of Persons) Regulations 2015. The Department of Justice is in the process of reviewing its legislation to ensure that the findings of the said CJEU ruling are accurately reflected in a series of proposed amendments to S.I. 548 of 2015. My Department officials will continue to engage with the Department of Justice with a view to bringing the matter to a timely conclusion.

I trust that this clarifies matters for the Deputy.

Social Welfare Eligibility

Questions (480)

Cian O'Callaghan

Question:

480. Deputy Cian O'Callaghan asked the Minister for Social Protection if she will consider extending the domiciliary care allowance tax credit to 18 years of age to provide support for people with disabilities who are still in secondary education; and if she will make a statement on the matter. [25351/24]

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Written answers

My department provides the Domiciliary Care Allowance which 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. It is not a tax credit.

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 May, there were 55,276 families in receipt of the payment in relation to 62,138 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 also raise the qualifying age for Disability Allowance to age 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 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.

Social Welfare Appeals

Questions (481)

Niamh Smyth

Question:

481. Deputy Niamh Smyth asked the Minister for Social Protection if she will provide an update on the review/appeal for a person (details supplied); and if she will make a statement on the matter. [25367/24]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on the 8th April 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.

These papers were received from the Department on 24th May 2024 and the case in question will be shortly be referred to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (482)

Duncan Smith

Question:

482. Deputy Duncan Smith asked the Minister for Social Protection if she will confirm that the Chief Appeals Officer has received an appeal by a person (details supplied) against a decision to refuse his application for carers allowance; and if she will make a statement on the matter. [25398/24]

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Written answers

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

I have been advised by the Social Welfare Appeals Office that the appeal submission for the person concerned has been received by them.

Once the appeal is registered the person concerned will be notified, and the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought, which is a statutory requirement of the appeals process.

When these papers are received from the Department the case will be assigned to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (483)

Violet-Anne Wynne

Question:

483. Deputy Violet-Anne Wynne asked the Minister for Social Protection if she will extend the rent supplement option to vulnerable persons who are privately renting; and if she will make a statement on the matter. [25429/24]

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Written answers

Housing policy and the provision of supports to those in the private rented sector is a matter for my colleague the Minister for Housing, Local Government and Heritage.

Rent supplement continues to play a key role in supporting families and individuals in private rented accommodation, with the scheme supporting 7,598 active recipients at the end of May 2024.

The scheme provides short-term income support to eligible people living in private rented accommodation whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The scheme ensures that those who were renting, but whose circumstances have changed due to temporary loss of employment or income, can continue to meet their rental commitments.

Access to Rent Supplement can be provided on referral by Tusla or by prescribed Tusla-funded service providers. This provides victims of domestic violence with a fast track approval and screening process with a simplified means test to get immediate access to rent supplement so that they are not prevented from leaving their home because of financial concerns.

My Department operates a flexible policy on a case-by-case basis that allows for higher rent supplement payments in certain circumstances. Special arrangements are also in place under the Interim Tenancy Sustainment Protocol and the National Tenancy Sustainment Framework to prevent customers entering homelessness where it was difficult to maintain and/or source available rental properties.

In addition, my Department, in conjunction with Threshold, operates a special protocol in the Dublin, Cork, Kildare, Galway, Meath and Wicklow areas where supply issues are particularly acute. Threshold advise, advocate and intervene on behalf of individuals or families in receipt of rent supplement who are in danger of losing their tenancies.

The Homeless Housing Assistance Payment scheme assists people who are homeless or at risk of becoming homeless. It gives more targeted support to tenants than the regular HAP scheme. The Homeless HAP scheme is also known as the Place Finder Service and is managed by local authorities.

Additional Needs Payment are also available to assist those who have essential expenses, such as rent deposits, rent in advance and household bills, that they cannot pay from their weekly income.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (484)

Violet-Anne Wynne

Question:

484. Deputy Violet-Anne Wynne asked the Minister for Social Protection to provide an update on an application for domiciliary allowance for a person (details supplied); and if she will make a statement on the matter. [25431/24]

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Written answers

Domiciliary Care Allowance is payable to a parent / guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of the child's disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.

I can confirm that my Department received an application for Domiciliary Care Allowance (DCA) in respect of the child concerned on 28 May 2024.

As part of the decision process, this application was referred for the professional opinion of a departmental Medical Assessor (MA) and is awaiting an MA assessment to date.

On receipt of the MA opinion, a decision will be made on this application as soon as possible and the applicant will be notified directly of the decision in writing.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (485)

Violet-Anne Wynne

Question:

485. Deputy Violet-Anne Wynne asked the Minister for Social Protection if the disability allowance application for a person (details supplied) could be reviewed; and if she will make a statement on the matter. [25432/24]

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Written answers

Disability Allowance (DA) 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, means test and Habitual Residency conditions.

I confirm that my Department received an application for DA from the person concerned on 4 March 2024. Based on the evidence supplied in support of this application, their application for DA was disallowed on the grounds that the medical qualifying condition for the scheme was not satisfied.

The person concerned was notified in writing of this decision on 24 April 2024 and they were given the right to a review or an appeal. They requested both a review and an appeal on 31 May 2024 and submitted further medical evidence.

A review of the decision of 24 April 2024, along with the additional medical evidence, was carried out and the original decision was upheld. The person concerned was notified in writing of this decision on 6 June 2024.

I can confirm their request for an appeal was sent to the Social Welfare Appeals Office (SWAO) on 4 June 2024. The person concerned will be notified directly in writing of the outcome of the appeal by the SWAO.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (486)

Violet-Anne Wynne

Question:

486. Deputy Violet-Anne Wynne asked the Minister for Social Protection to provide an update on an application for carer’s allowance (details supplied); when the application will be processed; and if she will make a statement on the matter. [25433/24]

View answer

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. This is defined as requiring from another person, continual supervision, and frequent assistance throughout the day in connection with normal bodily functions or continuous supervision to avoid danger to him or herself and likely to require that level of care for at least twelve months.

An application for CA was received in respect of the care of the person concerned on 02 April 2024.

Additional information on the case was requested on 09 April 2024 and this was submitted on 02 May 2024.

The application in respect of the care of the person concerned was disallowed on the grounds that the medical evidence submitted did not indicate that the requirement for full-time care was satisfied.

The decision letter issued on 07 June 2024 and this letter advised of the reasons for the decision and of the right to review and appeal.

I hope this clarifies the position for the Deputy.

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