Written Answers Nos. 152-171
152. Deputy Marian Harkin asked the Minister for Social Protection the reason a person on carer’s allowance cannot undertake a full-time online course, given they will be undertaking the course at home and will be on hand for all caring duties; and if she will make a statement on the matter. [26559/24]
View answerCarer'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 continual supervision in order to avoid danger to him or herself and that they are likely to require this level of care for at least twelve months.
The minimum hours condition for which a carer can be regarded as providing full-time care and attention is set out in legislation. A primary qualifying condition for CA is that the applicant provides full-time care and attention to a person in need of such care. However, in order to support a carer’s continued attachment to the workforce and to support broader social inclusion, carers may engage in some limited employment, including self-employment, education or training, of up to 18.5 hours per week, while still being regarded as being in a position to provide full-time care and continue to receive their full payment
Following Budget 2020, the CA rules were amended, increasing the number of hours a recipient can work, study or attend a training course, from 15 hours to 18.5 hours. It is considered the limit of 18.5 hours represents a reasonable balance between meeting the care recipient's requirement for full-time care and the carer's need to maintain contact with the workforce.
If there is a specific case that you would like my officials to examine, please provide me with the specific details.
I hope this clarifies the position for the Deputy.
153. Deputy Éamon Ó Cuív asked the Minister for Social Protection it is intended to revise the rules of the Tús scheme to make it possible for participants to stay on the scheme indefinitely; and if she will make a statement on the matter. [26516/24]
View answerTús is a community work placement initiative which aims to provide short-term work opportunities for those who are unemployed for more than a year. The Department is very conscious of the need to support Tús and continues to meet regularly with representatives of these programmes.
The focus of Tús is on jobseekers that are unemployed for twelve months or more, and the targeted activation of this cohort aims to provide additional assistance and a renewed impetus to these jobseekers who could otherwise be in danger of falling into persistent long-term unemployment.
The duration of each Tús contract is for a maximum of 12 months; a time limit set to ensure that the available placements are open to as many people as possible who are long-term unemployed and to ensure that Tús complements the objectives set out in the Government’s activation policies in Pathways to Work.
The existing 12 months duration on the scheme is deemed to be adequate to meet the programmes objectives and to prepare participants for a return to the open labour market. Where a participant requires further support or training on completion of a Tús placement, there is an option of transferring to a CE placement. The CE programme also provides a possibility to engage in QQI accredited training and development.
The Department keeps all aspects of its employment and activation programmes under review to ensure that they benefit all participants, and in acknowledgement of the valuable contribution being made to local communities through the provision of services. However, there are currently no plans to extend the duration of Tús placements beyond twelve months.
I trust that this clarifies the position for the Deputy.
154. Deputy Éamon Ó Cuív asked the Minister for Social Protection whether it is intended to change the rules of the RSS scheme in relation to the length of time a participant can stay on the scheme and the way means are assessed in relation to a participants wages; if it is intended, in both these facets of the scheme, to revert to the original rules which were so successful in making the scheme attractive for low income farmers; and if she will make a statement on the matter. [26517/24]
View answerThe Rural Social Scheme (RSS) is an income support scheme that provides part-time employment opportunities for farmers and fishermen and women who are in receipt of certain social welfare payments and who are underemployed in their primary occupation. It is a demand-led scheme and people who wish to participate apply directly to the IB that delivers the scheme in their area.
The RSS is delivered by a network of 36 local development companies and Údarás na Gaeltachta, known collectively as implementing bodies (IBs).
As you are aware the Department commenced a review of the RSS last year. The review explored all aspects of the scheme including the current and future role of RSS and the changes required to ensure its continuing relevance in a changing economic and environmental landscape; whilst also exploring opportunities to grow the scheme. Following a wide consultation process involving all stakeholders the review process is now nearing completion. It is intended to finalise the review and to have the findings of the review published in the coming months.
I trust this clarifies the position for the Deputy.
155. Deputy Carol Nolan asked the Minister for Social Protection if changes will be made to the condition regarding qualification for full carer’s allowance whereby people who are in receipt of a State pension (contributory) are only entitled to apply and claim for half-rate carer’s allowance; and if she will make a statement on the matter. [26639/24]
View answerThe Government acknowledges the crucial role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.
This Department 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.
The Carer’s Allowance scheme is the main scheme by which the Department provides income support to carers in the community. At the end of May there were 96,742 recipients of Carer’s Allowance. In 2024 the expenditure on the Carer’s Allowance scheme is estimated to be over €1.1 billion.
Carer’s Allowance is a means tested social assistance payment awarded to those carers who are caring for certain people whose disability is such that they require full-time care and attention.
The Irish social welfare system is underpinned by a general principle of one person, one payment. Normally people qualifying for two social welfare payments receive the higher payment for which they are eligible. However, there are a limited number of exceptions where a person may receive another payment.
One such exception is half-rate Carer’s Allowance. Introduced in 2007, this arrangement allows people in receipt of particular social welfare payments, who are providing full-time care and attention, to retain their main payment and receive another payment, depending on their means, the maximum of which is equivalent to a half-rate Carer’s Allowance. Therefore, a person who may have an underlying entitlement to another social welfare payment (such as the State Pension), can transfer to that payment and continue to receive up to a half-rate Carer’s Allowance.
This arrangement applies to almost all weekly social welfare payments and to people in receipt of qualified adult allowances. Recipients of Jobseeker’s Allowance or Benefit are not eligible given the job seeking nature of these payments. However, a person may be a qualified adult on these payments and receive half-rate Carer’s Allowance.
There are currently 45,388 recipients (included in the overall total of Carer's Allowance recipients) of the Half-rate payment. This means that these recipients, including pensioners, are already receiving a full social welfare payment on another scheme plus half a carers payment.
It is also worth noting that carers aged 66 or over already receive a higher rate of Carers Allowance compared to those under 66. The maximum weekly half-rate of payment for a carer aged 66 or over and caring for one person is €143.00. This is €19.00 more than a carer aged under 66.
The provision of a full-rate Carer’s Allowance payment to those already in receipt of another social welfare payment, as suggested by the Deputy, would have implications for overall spending and for other affected social welfare payments.
I trust that this clarifies the issue for the Deputy.
156. Deputy Carol Nolan asked the Minister for Social Protection the reason the old age pension appears to be the only payment administered by her Department which cannot be applied for online through the MyWelfare.ie portal; and if she will make a statement on the matter. [26641/24]
View answerMyWelfare, the Department’s digital customer platform, provides a secure online channel for customers to apply for and manage their interaction with a wide range of my Department's services.
Customers can currently access the following schemes and services via MyWelfare:
• Jobseeker’s Benefit or Allowance
• Paternity Benefit
• Maternity Benefit
• Parent’s Benefit
• Child Benefit
• PRSI Refund
• Back to School Clothing and Footwear Allowance
• Homemakers Scheme
• Long Term Caring Contributions
• Homecaring Periods
• Accommodation Recognition Payment
• Benefit Payment over 65’s
• Illness Benefit
• Working Family Payment
• PSC Renewals
• Additional Needs Payment
• Fuel Allowance
• Pathways to Work
• Household Benefits
• Change of Address
• Change of Payment Method
• Document Upload Service
• Overpayments Service
• Request a Contribution Statement
Work is ongoing to add new services to MyWelfare and the Department’s Statement of Digital Strategy 2022 to 2025 sets out its ambition to ‘drive the delivery of 90% of the Department’s services online by 2030’.
Work is currently underway to develop an an online application for both State Pension Contributory and State Pension Non Contributory, it is intended that this service will be available by year end.
I trust this clarifies the matter for the Deputy.
157. Deputy Catherine Connolly asked the Minister for Social Protection if the rural social scheme is currently under review; the number of participants and by extension the children supported under the scheme for 2021, 2022, 2023 and to date in 2024, in tabular form; and if she will make a statement on the matter. [26643/24]
View answerThe Rural Social Scheme (RSS) is an income support scheme that provides part-time employment opportunities for low-income farmers and fisher persons who are in receipt of certain social welfare payments and who are underemployed in their primary occupation.
A review of the RSS is currently underway, and it is planned to have this review completed and ready for publication shortly. The review is exploring all aspects of the scheme including the current and future role of RSS and the changes required to ensure its continuing relevance whilst also exploring opportunities to grow the scheme.
Detailed information on scheme recipients, including recipients with dependent child/children, are published each year by my Department in the Annual Statistical Report on Social Welfare Services, which is available at gov.ie/dsp
Table 1 below gives a breakdown of RSS recipients and dependent children.
|
Year |
Number of RSS recipients |
Qualified children |
|
2021 |
2,981 |
1,663 |
|
2022 |
2,801 |
1,169 |
|
2023 |
*See note below |
*See note below |
|
2024 |
*See note below |
*See note below |
*The Annual Statistical Report on Social Welfare Services in respect of 2023 is expected to be published in quarter 3 of this year and the 2024 report will be published next year.
My Department and I are very conscious of the important role this scheme plays and wishes to continue supporting it.
I trust this clarifies the position for the Deputy.
158. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for an exceptional needs payment by a person in County Kerry (details supplied); and if she will make a statement on the matter. [26645/24]
View answerUnder the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income. This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary. ANPs are administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.According to the records of my Department, the person concerned applied for an ANP on 31/05/2024 to assist with the cost of household repairs. A Designated Person has contacted the person concerned and arranged a home visit on 24/06/2024. Following this meeting, the person's claim will be assessed, and she will be advised of the outcome in writing. I trust this clarifies the matter.
159. Deputy Jackie Cahill asked the Minister for Social Protection if the additional needs payment could be used to cover a shortfall for an individual who has applied for a housing adaptation grant from their local authority and cannot afford the shortfall between the grant allocation and costs of works; and if she will make a statement on the matter. [26653/24]
View answerThe Housing Adaptation Grants are funded 80% by the Department of Housing, Local Government and Heritage with a 20% contribution from the resources of Local Authorities. The grants are administered by Local Authorities and have various measures attached such as means testing and maximum payments, as part of the framework of the scheme.
Responsibility in relation to supports for housing adaptions, for the purposes of rendering a house more suitable for the accommodation needs of a person with a disability, including any shortfalls in funding, is a matter for the Department of Housing, Local Government and Heritage and the relevant Local Authority.
Under the Supplementary Welfare Allowance scheme, my Department may make Additional Needs Payments to help meet essential expenses that a person cannot pay from their weekly income or other personal and household resources. However, Additional Needs Payments are not generally intended to cover circumstances where responsibility rests with another Government Department or Agency.
Where a person is unable to meet the requirements for the grant, they should discuss any other options available to them with their Local Authority.
I trust this clarifies the matter for the Deputy.
160. Deputy Jackie Cahill asked the Minister for Social Protection if the additional needs payment could be used to cover travel related costs (for example, fuel or taxi fares) for those who frequently travel to hospital appointments by car/taxi; and if she will make a statement on the matter. [26654/24]
View answerThe Supplementary Welfare Allowance 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.
Under the Supplementary Welfare Allowance scheme, my Department may make Additional Needs Payments to help meet essential expenses that a person cannot pay from their weekly income or other personal and household resources. This can include assistance with transport costs incurred for attending hospital appointments where there are no other supports available.
The decision process involves consideration of the need presented and the ability of the person and their household to meet that need.
This entails an assessment, as opposed to a specific means test, of an applicant’s weekly household income, their savings and investments, their outgoings and the type of assistance needed. Other State supports that may already be available to the person are also considered.
Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.
I trust this clarifies the matter for the Deputy.
161. Deputy Bernard J. Durkan asked the Minister for Social Protection if an emergency exceptional needs payment can be made in the case of a person (details supplied); and if she will make a statement on the matter. [26685/24]
View answerThere is a range of supports provided by the Community Welfare Service (CWS) under the Supplementary Welfare Allowance (SWA) scheme. These supports can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).The Department may make an ANP to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income. This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources, and which are deemed to be necessary. ANPs are administered by Designated Persons (DP) in the CWS considering the requirements of the legislation and all the relevant circumstances of the case.Departmental records show that the person concerned has not made an application for assistance under the SWA scheme. If the person is experiencing financial difficulties, they can apply for assistance by completing a SWA1 form and providing all relevant documents in support of their application. For convenience, an application pack has been posted to the person concerned. On receipt of a completed application form and supporting documentation, the claim will be assessed, and the person will be advised of the outcome in writing. Alternatively, if the person concerned has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie. Further information on all of my Department’s schemes and payments is available at www.gov.ie.
162. Deputy Bernard J. Durkan asked the Minister for Social Protection when a one-parent family payment will be paid in the case of a person (details supplied); and if she will make a statement on the matter. [26688/24]
View answerMy Department is responsible for the administration and payment of a range of supports to assist an eligible person who is parenting alone including the One-Parent Family Payment and Jobseeker’s Transitional Payment, described below:
• One-Parent Family Payment is a payment for parents under 66 years who are parenting without the support of a partner and whose youngest child is under 7 years of age.
• Jobseeker’s Transitional Payment is a is a special arrangement under the Jobseeker’s Allowance scheme which a person may qualify for if they do not live with a spouse, civil partner or cohabitant and their youngest child is between 7 and 14 years old.
Following the Deputy's previous representation under Dáil Question number 207, a One-Parent Family Payment application form was posted to the person concerned on 15/05/2024. According to Departmental records a completed application has not yet been received. It is open to the person to submit an application at their local Intreo Centre or Branch Office. The application will then be assessed promptly and they will be advised of the outcome in writing.
Qualifying conditions for all schemes and payments administered by my Department can be found at www.gov.ie .
I trust this clarifies the matter for the Deputy.
163. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason her Department has refused to accept the gifting of the proceeds of the then family home in the case of a person (details supplied); and if she will make a statement on the matter. [26694/24]
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. For the purposes of the means test, cash income, including income from employment, foreign pensions, the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant holds, are assessable.
An application for state pension (non-contributory) was received from the person concerned on 26 October 2023. Following an assessment of the income and assets of the person concerned, the Deciding Officer determined that the weekly means exceeded the permissible statutory limit of €292.50 for state pension non-contributory eligibility, and their application was disallowed.
Included in the assessment of means when calculating the person’s entitlement, was a sum which they gifted to their family. Social welfare legislation provides for the assessment of the value of any income or property which the Deciding Officer deems the person concerned to have deprived themselves of (whether directly or indirectly), in order to qualify for pension or for pension payment at a higher weekly rate.
The person concerned was notified of this decision on 11 June 2024, together with the reasons for the decision and their right, if dissatisfied with the decision, to request a review of the decision, or to appeal the decision to the Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.
164. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason for refusal by her Department for a review of an application for State pension in the case of a person (details supplied); and if she will make a statement on the matter. [26695/24]
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. For the purposes of the means test, cash income, including any additional pension(s), the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant hold or co-hold, are assessable.
The person concerned applied for state pension non-contributory on 29 January 2024, and their case was assigned to a Social Welfare Inspector on 2 February 2024, for their assistance in establishing the person’s entitlement to the payment.
Following the return of the case by the Inspector, the person’s application was disallowed on 8 May 2024, for the reason that they failed to fully disclose their means by not providing all the documentation requested.
A decision letter issued to the person concerned on 8 May 2024, outlining the decision and offering them the right to seek a review or to appeal the decision by writing to the Chief Appeals Officer, within 21 days, outlining the reason for their appeal.
A review of the person’s entitlement was carried out following receipt of further documentation submitted to the Inspector, who submitted a report to the Deciding Officer on 27 May 2024.
The Deciding Officer reviewed the person’s entitlement on 11 June 2024, deciding to uphold the decision of 8 May 2024, for the reason that they have not supplied all of the documentation requested by the Inspector.
The Deputy's Parliamentary Question will be taken as a request for a further review of this case. The Deciding Officer will arrange for the Department's Inspector to contact the person concerned again in relation to the outstanding information. On receipt of the Inspector’s report, the Deciding Officer will make a decision on the State Pension (non-contributory) entitlement of the person concerned and will notify them of the outcome without delay.
165. Deputy Bernard J. Durkan asked the Minister for Social Protection if a full review of a pension entitlement might be carried out in the case of a person (details supplied); and if she will make a statement on the matter. [26697/24]
View answerThe person concerned reached pension age on 30 March 2017.
State pension (contributory) applications are assessed under the 'yearly average' method and the 'total contributions approach', with the most beneficial rate paid.
The person concerned was examined using the 'yearly average' method. They had a total of 827 reckonable contributions and 805 credits from their date of entry into insurable employment in 1966 to 2017 which equates to a yearly average of 32 contributions. This gave entitlement to a reduced state pension (contributory) from 30 March 2017, equivalent to 90% of the maximum rate. A yearly average of 48 contributions is required to receive the maximum rate state pension (contributory).
In January 2018, the Government agreed a new “total contributions approach” (TCA) for state pension (contributory) which can include up to 20 years of home caring periods. Unlike the homemakers scheme, this applies to periods both before and after 1994. This can benefit many people, particularly women, whose work history includes an extended period of time outside the paid workplace, while raising families or in a caring role. The TCA ensures that the totality of a person’s social insurance contributions - as opposed to the timing of them - determines a final pension outcome, and it also acknowledges, the contribution made by home carers in the period before 1994.
Entitlement to the state pension (contributory) using the total contributions approach was assessed. A total of 827 reckonable contributions combined with the maximum permissible number of home caring periods and reckonable credits of 1,040, gave a total of 1,867. This gave entitlement to 89.76% of the maximum rate state pension (contributory).
As the person concerned was in receipt of a pension, based on the yearly average method and payable at a higher rate, the person concerned remained on this pension.
I have arranged for a copy of their social insurance record to issue along with a detailed explanatory note to assist in understanding their record, and information on how to calculate entitlement to state pension (contributory). If they consider that there are 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.
I introduced a number of reforms to the state pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks). If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for long-term carers contributions (LTCC). If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record. The periods of care-giving do not need to be consecutive or for the same person.
The quickest way to apply for long-term carers contributions is online at MyWelfare.ie if the person concerned has a verified MyGovID account. Further information is available on the Government website at gov.ie/pension.
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 the state pension (non-contributory) which is a means-tested payment with a maximum payment €266.00 which is approximately 96% of the maximum rate of state pension (contributory)
I hope this clarifies the position for the Deputy.
166. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate, in the case of a person (details supplied), if it is accepted that the application of the habitual residency clause in this case is clearly manifested by the fact of her disability and reliance on her daughter; if the matter will therefore be urgently examined, with a view to making the requested top-up payment; and if she will make a statement on the matter. [26698/24]
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, as a first step, it 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, for example, state pension non-contributory.
It is not possible to apply discretion in relation to the application of the Habitual Residence Condition. Should the person be in a position to provide a verified record of at least five years continuous residency in the State, it is open to them to submit this evidence to the Department in order for their eligibility for state pension non-contributory to be considered.
The eligibility of the person concerned for a state pension non-contributory is currently under review, following the receipt of information from the Deputy on 29 May 2024.
On 5 June 2024, the Deciding Officer assigned to the case issued a communication to the person concerned requesting further documentation in this matter. On receipt of the required information, a determination on the person's eligibility for pension will be made and the person will be notified of the outcome in writing.
I trust this clarifies the matter for the Deputy.
167. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will further review the pension application in the name of a person (details supplied); and if she will make a statement on the matter. [26700/24]
View answerThe person concerned reached pension age on 19 June 2020.
Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equate to 10 years of full-rate insurable employment. According to the records of my Department, the person concerned has a total of 204 full-rate contributions which falls short of the requisite 520 full-rate contributions for the standard State pension (contributory).
To qualify for a mixed insurance pension based on their full-rate and modified rate contributions, 520 employment contributions are required, of which at least 260 must be full-rate employment contributions with the remainder made up of modified rate contributions. As the person concerned has 204 full-rate contributions, this falls short of the requisite 260 full rate contributions required for the mixed insurance pension.
The application for state pension (contributory) was disallowed. The decision letter issued to the person concerned on 16 April 2020.
The person concerned submitted a further application for the state pension (contributory) on 11 January 2024. Following a review of their contribution record, no additional contributions were included in their record. As the person concerned has a total of 204 full-rate contributions, the decision with regard to their pension entitlement remains unchanged.
This office was notified on 6 June 2024 that the person concerned has lodged an appeal with the social welfare appeals office (SWAO). The SWAO functions independently of my Department and Appeals Officers are independent in their decision-making functions. The SWAO will be in touch with the person concerned in relation to the progress of their appeal.
I have arranged for a copy of their social insurance record to issue to them along with a detailed explanatory note to assist in understanding their record, and information on how to calculate entitlement to state pension (contributory). If they consider that there are 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.
Where a person aged 66 or over does not satisfy the conditions to qualify for a state pension (contributory) or qualifies for less than the maximum rate, they may instead qualify for the state pension (Non-Contributory) which is a means-tested payment with a maximum payment of 96% of the state pension (contributory)
I hope this clarifies the matter for the Deputy.
168. Deputy Willie O'Dea asked the Minister for Justice her plans to increase the eligibility limits for civil legal aid since people whose sole income is derived from social welfare are now deemed ineligible because their income exceeds the existing limit; and if she will make a statement on the matter. [26589/24]
View answerEligibility for civil legal aid is determined by reference to an applicant’s means, and the merits of their case. In relation to means, the Legal Aid Board calculates financial eligibility with reference to the applicant’s disposable income and disposable assets after certain allowances are applied to both. Currently, the disposable income threshold is €18,000 while the disposable asset threshold is €100,000.
The Deputy will also be aware that, since 2021 no housing support measure provided by a Department of State, local authority, the Health Service Executive, or any other public body is treated as income.
In its over forty years of operation, the Civil Legal Aid Scheme has been a significant and beneficial public service, providing legal aid and advice to people of limited means in civil disputes, including family law.
However, since the Scheme was set up, Irish society has changed, and the demands on the service have grown. In June 2022, I established the Civil Legal Aid Review Group to review the current operation of the Civil Legal Aid Scheme and make recommendations for its future.
The Review Group is chaired by a former Chief Justice. The membership of the group is drawn from legal practitioners, academics, Department officials, those who work with marginalised groups, and representatives from the Legal Aid Board, which administers the statutory scheme.
The Group is considering many aspects of the scheme, in line with its terms of reference such as the appropriateness of the current eligibility thresholds, the scope of the scheme and whether it should remain primarily a family law service. As part of the review, a comprehensive multi-phased process of consultation was conducted to ensure that as wide a range of views as possible on these issues is captured. The Group has considered the findings from this extensive consultation and the research processes it has undertaken, in the overall context of its terms of reference, the existing legal support landscape in Ireland and how best to meet the civil legal needs of individuals now and in the future.
Progress is ongoing and the Group is expected to conclude its work in the near future, at which point I look forward to considering its recommendations.
169. Deputy Cathal Crowe asked the Minister for Justice when a person (details supplied) can expect to hear the outcome of their application made for a labour market access; and if she will make a statement on the matter. [26636/24]
View answerAs the Deputy may be aware, it is not my Department's practice to comment on whether an application for international protection has been made in the State. If a person is in the international protection process, there is a legal requirement under the International Protection Act 2015 to maintain full confidentiality at all times. Therefore the Department is unable to publish any information that would identify an international protection applicant.
If an application for international protection has been made in the State, the applicant or their designated legal advisor should contact the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate. This will enable a full and comprehensive reply to be provided.
Both the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) are fully independent in deciding whether or not to grant international protection. Each application is examined individually on its own merits, in line with national and international asylum law.
In order to be helpful I have detailed information on labour market access permission that may be useful below:
From February 2024 the process of applying for Labour Market Access for International Protection applicants has moved to the International Protection Office (IPO) with a new online application process. The new system has provided a more streamlined process and shorter processing times for all new applications. The current processing time for these applications is 8 weeks.
All applications made prior to the this date, are being processed by the Immigration Service Delivery and are being dealt with in chronological order. This system is currently processing applications made in February 2024 and the processing time for these are approximately 17 weeks.
A significant increase in the number of applications was experienced during 2023, reflecting the increase of overall applications for international protection received since 2022. There has also been an increase in renewal applications.
The immigration services of the Department utilise the resources available in order to ensure that applications are processed in the shortest time frame possible. Both units in question are working to finalise applications as quickly as possible and appreciate customers’ patience as they deal with the very high levels of applications. The Department is also reviewing the processing arrangements generally to establish if they can be further streamlined.
Any queries in relation to a person's eligibility or otherwise for a labour market permission can be directed to: Lmauqueries@justice.ie or by post to the Labour Market Access Unit, PO Box 12931, Freepost FDN5264, Dublin 2
More information and further details on labour market access permission is available here: www.irishimmigration.ie/my-situation-has-changed-since-i-arrived-in-ireland/labour-market-access-permission/.
170. Deputy Catherine Murphy asked the Minister for Justice the date on which her attention was drawn to alleged accessing of certain phone records by An Garda Síochána Ombudsman Commission. [26603/24]
View answerAs the Deputy is aware, the Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established in 2007 under the Garda Síochána Act 2005. Its primary role is to provide independent investigation of complaints against members of An Garda Síochána and, as required, to undertake other investigations relating to the conduct of Garda members.
This is vitally important work to uphold public confidence in An Garda Síochána and, rightly, GSOC is completely independent in the exercise of its functions. The Oireachtas legislated to ensure this independence, and to protect the organisation from any political interference in the investigations they must conduct without fear or favour. That independence is further strengthened by the establishment this autumn of Fiosrú under the Policing, Security and Community Safety Act 2024. As Minister, I have no role in GSOC investigations, nor can I direct how GSOC officers exercise their functions in which they are of course subject to the law at all times.
Insofar as the recent media reports are concerned, no complaints have been made to me. However, former Chief Justice Murray was appointed by my predecessor Minister Fitzgerald to consider, inter alia, the issue of the accessing of data relating to journalists telephone records and his report and subsequent judgments from the European Court of Justice informed the drafting of the Communications (Retention of Data) (Amendment) Act 2022.
I can assure the Deputy that GSOC, like other bodies permitted to access telecommunications data in certain limited circumstances, are required to exercise their powers in accordance with the law. GSOC, which is chaired by a former judge of the High Court, has advised me and indeed has stated publicly that it operates at all times in accordance with the law in all of its operations.
171. Deputy John Brady asked the Minister for Justice the plans that are in place to address the situation of beneficiaries of temporary protection in the State once the temporary protection directive ends in March 2025; and if she will make a statement on the matter. [26058/24]
View answerI can advise the Deputy that EU Council Implementing Decision 2022/382 applied the provisions of the Temporary Protection Directive to persons displaced by the Russian invasion of Ukraine, including persons recognised as refugees in Ukraine. At a meeting of EU Home Affairs Ministers on 13 June 2024, political agreement was reached to extend the Temporary Protection Directive until March 2026.Ireland and fellow member states continue to consider what provisions will be made for beneficiaries of Temporary Protection when the Directive is no longer active. The Deputy will appreciate that I cannot pre-empt future discussions and decisions of either the EU or the Government in this regard.
