Written Answers Nos. 487-506
487. Deputy Violet-Anne Wynne asked the Minister for Social Protection to provide an update on a State pension (contributory) application by a person (details supplied), as the person would like their contributions reviewed as they would get more on a State pension (non-contributory) pension. [25434/24]
View answerThe person concerned turned 66 on 10 October 2016.
The state pension (contributory) was awarded from their 66th birthday at the currently weekly rate of €249.30 which is equivalent to 90% of the maximum rate. This is based on 1,299 credits and reckonable contributions from 1968 to 2016 giving a yearly average of 32 contributions per year. The person concerned has been awarded homemaking periods from 06/04/1994 to 30/06/1997 and 01/07/1997 to 23/04/2000 which have been included in the calculation..
The person concerned was also awarded long term carers contributions from 01/07/1997 to 23/04/2000 and 01/07/2000 to 23/05/2004. Contributions awarded under the long-term carers contribution scheme, requires at least 1,040 weeks (20 years) of caring before these contributions become reckonable for State Pension (contributory).The person's pension entitlement was reviewed again on 15 May 2024, there was no change to the rate of pension awarded. A review outcome letter issued to the person concerned along with a copy of the their contribution record. On 23 May 2024, the person concerned queried the caring credits awarded under the pension caring supports schemes. Following a review, no additional credits or contributions were awarded. I have arranged for a pension caring support application form to issue. If the person concerned has additional caring periods not already applied for, they should complete the information in the form provided and return it to my department.I hope this clarifies the position for the Deputy.
488. Deputy Peter Fitzpatrick asked the Minister for Social Protection the details of eligibility for the rent-a-room scheme for those on a social welfare payment (details supplied); and if she will make a statement on the matter. [25435/24]
View answerThe Deputy will need to provide details of the customer in order for the Department to provide a comprehensive answer to this question.
I trust that clarifies the matter for the Deputy.
489. Deputy Sorca Clarke asked the Minister for Social Protection to explain why schools, newly designated as DEIS in 2022, are solely eligible either for a hot meal (if they are a primary school) or a cold lunch (if they are a post-primary school) and not for a breakfast club; and if she will make a statement on the matter. [25451/24]
View answer490. Deputy Sorca Clarke asked the Minister for Social Protection the criteria determining the declining of funding for a breakfast club for the six DEIS Urban Band 1 schools. [25452/24]
View answerI propose to take Questions Nos. 489 and 490 together.
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.
In July 2022, I announced that the access to the hot school meal option would be extended to the 282 newly designated DEIS primary schools, and access to the cold lunch option was offered to the 38 newly designated DEIS secondary schools from September, benefitting some 60,000 children. This allowed all pupils in the new DEIS schools to avail of one substantial meal for the additional budget provided.
In the 2023/2024 school year, six DEIS Urban Band 1 schools were declined funding for a breakfast club as they were all schools newly designated as DEIS in 2022 and are solely eligible either for a hot meal (if they are a primary school) or a cold lunch (if they are a post-primary school).
Any school that has any questions in relation to their applications for funding for any of the meal options under the School Meals Programme can contact officials of my Department at school.meals@welfare.ie and they will clarify any queries that they may have and advise them of the options available to them.
Any additional measures to expand the coverage of other meal options would have to be considered in a budgetary context.
I trust this clarifies the matter.
491. Deputy Michael Healy-Rae asked the Minister for Social Protection if she will examine the case of an appeal (details supplied); and if she will make a statement on the matter. [25453/24]
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 have been advised by the Social Welfare Appeals Office that the appeal application 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.
492. Deputy Éamon Ó Cuív asked the Minister for Social Protection when legislation will be published to establish the right of non-marital long term partners to ‘Widows Pensions’ in line with the Supreme Court judgement on the issue; and if she will make a statement on the matter. [25460/24]
View answerUnder the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.On Monday 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children. In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.
My officials 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.
493. Deputy Éamon Ó Cuív asked the Minister for Social Protection when a decision will be made on a rent supplement appeal lodged by a person in County Galway (details supplied); the reason for the delayed decision; and if she will make a statement on the matter. [25462/24]
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 an appeal by the person concerned was registered in that office on 8 March 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. Once these papers have been received in the Social Welfare Appeals Office the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
494. Deputy Catherine Murphy asked the Minister for Social Protection if she will provide a schedule of all contracts they have and/or had with a company in the past 25 years to date (details supplied); the agreed contract cost; the ultimate contract cost including extras, design changes, conciliation, claims etc; project name/title; and the name of the body responsible for the delivery of projects where responsibility has been devolved. [25482/24]
View answerThere have been no contracts held with the company in question in the past 25 years to date.
495. Deputy Michael Healy-Rae asked the Minister for Social Protection if there are any plans to introduce a new scheme/payment for people who wish to take a career break for a year or less from their current employment; and if she will make a statement on the matter. [25509/24]
View answerThere are currently no plans within my Department to introduce a new scheme/payment for people who wish to take a career break for a year or less from their current employment.
496. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal in the case of a person (details supplied) who has applied for a backdate of IQA and IQC on his invalidity pension; and if she will make a statement on the matter. [25522/24]
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 they have contacted the Deputy's office with a query in relation to this appeal application and are awaiting a response to their query before the appeal can be registered.
I trust this clarifies the matter for the Deputy.
497. Deputy Matt Carthy asked the Minister for Social Protection if she will review the mandatory retirement age of job initiative participants to ensure that those who wish to remain on the scheme past the State pension age can do so; and if she will make a statement on the matter. [25523/24]
View answerAs the Deputy is aware Job Initiative (JI) is an employment support scheme which was designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities. Recruitment onto the scheme ceased from November 2004, while existing participants have their annual contracts renewed until they reach age 66, State Pension age.
Changes introduced to the State Pension in January 2024 maintained the State pension age at 66 and introduced a new flexible pension model, whereby people have the option to continue working up until the age of 70 in return for a higher pension.
The new measures are specifically for people in standard employment situations and do not apply to State supported schemes like JI, where the participant qualifies due to having been on a specific social welfare payment in advance of their placement on the scheme.
Accordingly, the position regarding funding for participants on employment support schemes, including the JI scheme, remains the same. Funding for participants will continue to be available to State Pension Age, which is currently 66.
Should participants wish to continue to work after they reach 66, it is open to them to apply for positions that are not state funded. There may also be the option to work with the JI scheme in a voluntary capacity.
I trust this clarifies the matter for the Deputy.
498. Deputy Matt Carthy asked the Minister for Social Protection if she will add any additional schemes under the new CAP to those currently deemed non-assessable income regarding farm assist; and if she will make a statement on the matter. [25524/24]
View answerFarm Assist is a statutory means-tested income support specifically for farmers on low incomes. There are approximately 3,700 claims in payment at present. The Government has provided €50.92 million for the scheme in 2024.
Under the Farm Assist means test, income from a range of agri-environmental schemes attracts a disregard of €5,000, which I increased from €2,540 from January 2023, with 50% of the balance assessed as means.
Further to a 2021 technical review of the means test income disregards for Farm Assist, I significantly expanded the number of agri-environmental schemes that attract this disregard with the addition of 19 schemes, with effect from June 2022.
The Report also recommended that my Department would continue to work with the Department of Agriculture, Food and the Marine, to identify any additional schemes contained in Ireland's CAP Strategic Plan 2023-2027 that could be considered for inclusion in the list of agri-environmental schemes which attract a disregard for Farm Assist. As a result of this process, I added a further 4 schemes from April 2023.
I am committed to continuing to work with my colleague, the Minister for Agriculture, Food and the Marine, to identify and include any additional schemes in this list, as appropriate.
I trust this clarifies the position for the deputy.
499. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 216 of 23 May 2024, if it can be clarified as to why the applicant was informed in Parliamentary Question No. 342 of 21 November 2023 that she had 236 stamps but now is being informed she only has 204 in the case of a person(details supplied), if her file can be reviewed as a matter of urgency with a view to awarding a State pension when taken into consideration with her awarded home caring period contributions; and if she will make a statement on the matter. [25543/24]
View answerThe person concerned applied for State Pension (contributory) on 24 January 2020.
To be eligible for the standard state pension (contributory) an individual must have at least 520 full-rate contributions. To qualify for a mixed insurance pension 520 employment contributions are required, of which at least 260 must be full-rate contributions with the remainder made up of modified contributions.
According to the records of my Department, the person concerned had 236 paid full-rate contributions in April 2020 . As they did not have the minimum full-rate contributions, they did not qualify for the standard state pension (contributory) or the mixed insurance pension. On 04 January 2024, the person concerned re-applied for state pension contributory. The person concerned contacted my Department with regard to their contribution record. It came to light that 45 A-Class contributions paid in 1982/83 should have been recorded as 13 A-Class contributions and 33 D-Class contributions. The record of the person concerned was updated to reflect 204 full-rate contributions. As the minimum full rate contributions was not met, the person concerned did not qualify for the standard state pension (contributory) or the mixed insurance pension. I hope this clarifies the position for the Deputy.
500. Deputy Peter Fitzpatrick asked the Minister for Social Protection when a person (details supplied) will receive an answer from the Social Welfare Appeals Office, as this appeal is pending since June 2023; and if she will make a statement on the matter. [25555/24]
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 appeal by the person concerned was disallowed by an Appeals Officer on 9 April 2024.
An Appeals Officer is currently carrying out a review of this decision under Section 317 of the Social Welfare Consolidation Act 2005 following the submission of additional medical evidence. The Appeals Officer will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
501. Deputy Brendan Griffin asked the Minister for Social Protection when a decision will be made on an appeal (details supplied). [25556/24]
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 a Supplementary Welfare Allowance appeal by the person concerned was registered in that office on 7 June 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. Once these papers have been received in the Social Welfare Appeals Office the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.
A State Pension Non-Contributory appeal by the person concerned has not been submitted to the Appeals office.
I trust this clarifies the matter for the Deputy.
502. Deputy Thomas Gould asked the Minister for Social Protection what financial support is available for a person with coeliac disease, on the state pension, for the purchase of food. [25569/24]
View answerDiet supplement, administered under the supplementary welfare allowance scheme, is payable to qualifying persons, in receipt of the supplement prior to February 2014, who have been prescribed a special diet because of a specified medical condition. There are currently 1,017 people in receipt of diet supplement.
A review of the costs of healthy eating and specialised diets by the Irish Nutrition and Dietetic Institute was commissioned by the Department during 2013. The research showed that the average costs across all the retail outlets of the diets supplemented under the scheme could be met from within one-third of the minimum personal rate of social welfare payment, i.e. the Supplementary Welfare Allowance (SWA) rate, which was then paid at €186 per week (and is currently paid at €206 per week). The diet supplement scheme was discontinued for new applicants from 1 February 2014 based on this evidence.
Recipients continue to receive the diet supplement at their existing rate of payment for as long as they continue to have an entitlement to the scheme or until their circumstances change. This ensured that nobody was immediately worse off by the closure of the scheme.
The Supplementary Welfare Allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).
Under the SWA scheme, a supplement can be awarded to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary. In addition, officers can make a single ANP to help meet essential, once-off expenditure, which a person could not reasonably be expected to meet out of their weekly income. Decisions on ANPs and SWA supplements are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case.
Any person who considers that they may have an entitlement to financial support should contact their local Community Welfare Service for assistance. There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office.
I trust this clarifies the matter for the Deputy.
503. Deputy Alan Kelly asked the Minister for Social Protection if she has spoken formally with her United States counterpart to date in 2024. [25572/24]
View answerStrengthening bilateral relations with the US is a priority for Ireland as set out in our Programme for Government, as well as in our Strategy for the US and Canada (2019-2025).
While I have not been in contact with my US counterpart directly, I travelled to the US for St Patrick's this year, where I had meetings at the Illinois State Capital Building. I look forward to engaging with the US Administration on issues as they arise and in particular on our bilateral social security agreement.
Officials from my Department are in contact with their counterparts in the United States Social Security Administration and visits between them occur from time to time, in respect of the bilateral social security agreement in place and other matters of mutual interest.
I hope this clarifies the matter for the Deputy.
504. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which she is considering entitlement to the State pension (contributory) in line with the level of necessary contributions in cases where such applicants were refused an entitlement; and if she will make a statement on the matter. [25591/24]
View answerThere 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) or "SPC", 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 Deputy has been previously advised, 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.
Where a person reaches State Pension age and does not satisfy the conditions to qualify for SPC or qualifies for less than the maximum rate, they may instead qualify for one of the following:
• The means-tested State Pension (Non-Contributory) (SPNC) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the SPC; or
• An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate SPC pension 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 SPC 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 SPC, with allowances (notably the Living Alone Allowance) payable where applicable.
Last year, legislation was enacted to introduce a series of landmark reforms to the State Pension system in response to the recommendations from the Pensions Commission. This set of measures represents the biggest ever structural reform of the Irish State Pension system.
One of the key measures is the introduction of a flexible pension system in Ireland. Under this new system, from January 2024, people will still be able to retire at 66 and draw-down their pension in exactly the same way as they can today. In addition, there will be new flexibility for those reaching State Pension age, so that people may choose to defer their pension, work longer, and receive a higher pension payment, if they wish.
The flexible State Pension system is about providing people with choice. People will decide for themselves what best suits their needs and circumstances. For example, in the case of a person who reaches age 66 and does not have sufficient contributions to qualify for a full pension, they will now have the option to work for longer to build up additional entitlements.
If a person has less than 10 years PRSI reckonable paid contributions, they may be able to use this period of deferral to establish entitlement. A person will also have the option to continue working between age 66 and 70 and receive an actuarially based increase in their weekly payment rate, should they choose to defer their State Pension.
The legislation to give effect to these measures was enacted in December and the scheme came into operation for those reaching age 66 on or after 1st January 2024.
I hope this clarifies the matter for the Deputy.
505. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which it might be possible to allow for top-up pensions to be paid to former EU nationals living in this country along with their families, rather than waiting five years putting themselves and their families under financial pressure; and if she will make a statement on the matter. [25592/24]
View answerState Pension (Non-Contributory) is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a State Pension (Contributory), or who only qualify for a reduced rate contributory pension based on their social insurance record. In order to satisfy the Habitual Residence Condition, it first must be established that the person has an unconditional right of residence in the State that does not preclude them from receipt of relevant social assistance payments.
All EU/EEA citizens have an unconditional right of residence in the State for up to three months, during which time they may not access the social welfare system. The right of residence in the State of an EU/EEA citizen for longer than this period is conditional on the citizen satisfying the relevant provisions set down in legislation and having sufficient resources so as not to become an unreasonable burden on the country's social assistance system. EU/EEA citizens will qualify for a right of permanent residence after five years legal residence in the State, or after three years if they have worked in the State for the twelve months immediately prior to reaching State pension age.
The Habitual Residence Condition is a requirement for a number of payments within my Department. It is not possible to apply discretion in relation to the application of the Habitual Residence Condition.
I trust this clarifies the matter for the Deputy.
506. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent, if any, to which time taken to determine appeals can be improved; and if she will make a statement on the matter. [25593/24]
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.
Significant efforts and resources have been devoted to reforming and streamlining the appeal process in recent years. A modernisation project is currently underway to develop and implement a new appeals business process and IT system. This project aims to provide an enhanced and responsive appeals service for customers. A new IT system was introduced on the 6th of November 2023. The next phase of the system, which will be implemented in Quarter 3 2024, will provide functionality on the My Welfare platform for making appeals online.
The new system has already 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.
The Chief Appeals Officer continues to monitor processing times and every effort is made to reduce the time taken to process an appeal. 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.
However, the drive for efficiency must be balanced with the competing demand to ensure that decisions are consistent and of high quality and made in accordance with the requirements set out in primary legislation and in regulations and the general principles of fair procedures and natural justice.
I trust this clarifies the matter for the Deputy.
