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Thursday, 11 Jul 2024

Written Answers Nos. 260-279

Television Licence Fee

Questions (260)

Niamh Smyth

Question:

260. Deputy Niamh Smyth asked the Minister for Social Protection if a person receives a rebate for their television licence when they turn 70 years (details supplied); and if she will make a statement on the matter. [30747/24]

View answer

Written answers

The person concerned can apply online at MyWelfare.ie for the Household Benefits Package if they have a verified MyGovID account, or they can complete an application form. Application forms are available to download from the Gov.ie website or, alternatively, from any Intreo Centre or by contacting the Household Benefits Section by telephone at 0818 200 400 or by emailing householdbenefits@welfare.ie

On receipt of their application, the person's entitlement to the Household Benefits Package will be examined and they will be notified of the outcome without delay.

In the event that the person concerned is approved for a Free TV Licence from September 2024 and they have already paid their TV Licence in May for the period May 2024 to May 2025, there is no facility to provide a rebate in this case. The person concerned will receive a Free TV licence from the next renewal date of the TV licence in 2025.

I hope this clarifies the matter for the Deputy.

Social Insurance

Questions (261)

Mairéad Farrell

Question:

261. Deputy Mairéad Farrell asked the Minister for Social Protection the number of ‘insurability of employment’ determinations an organisation (details supplied) had requested of the scope section in relation to potentially misclassified employees prior to 2018; and if she will make a statement on the matter. [30563/24]

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Written answers

In late 2020, my Department commenced an investigation into the PRSI classification of RTÉ’s contractors. RTE provided the Department with lists of workers engaged on a contract basis in 2018, 2019 and 2020 and these formed the basis of the investigation. I can confirm that there were no determinations requested prior to 2018.

Social Welfare Payments

Questions (262)

Bernard Durkan

Question:

262. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of application for exceptional needs payment for a person (details supplied); and if she will make a statement on the matter. [30583/24]

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Written answers

There 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.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (263)

Bernard Durkan

Question:

263. Deputy Bernard J. Durkan asked the Minister for Social Protection the up-to-date position in respect of application for a jobseeker’s allowance for a person (details supplied); and if she will make a statement on the matter. [30584/24]

View answer

Written answers

The person concerned applied for Jobseekers Allowance on 24/04/2024.

A decision issued to the person concerned on 01/07/2024 following receipt of outstanding information in relation to the application. The rate of payment is €195.00 per week which is payable from 05/06/2024. This payment was available from the nominated payment location on 05/07/2024. Arrears have also been included.

Social Welfare Payments

Questions (264)

Bernard Durkan

Question:

264. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when supplementary welfare can be made in the case of a person (details supplied); and if she will make a statement on the matter. [30585/24]

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Written answers

Under 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. An ANP application can be made for assistance with funeral and burial expenses where there is an inability to pay these costs, in part or in full, by the family of the deceased person without causing hardship.

According to the records of the Department, the person concerned applied for an ANP on 30/08/2023 to assist with funeral costs in respect of her late mother. A letter subsequently issued to the person in which she was asked to provide further documentation in support of her claim. As this information was not received, the person’s application could not be progressed. The person concerned submitted a further ANP application to assist with funeral costs in respect of her late mother on 08/03/2024 as well as a new application in respect of her father’s death. A request for further information issued to the person on the same day. As the requested documentation was not received, the applications could not be progressed and were closed.

Following your representations, two SWA application packs were issued to the person concerned and she submitted a further ANP application to assist with funeral costs for her late parents on 13/06/2024. This application included part of the outstanding information previously requested. A request for information necessary to finalise her claim was sent to her on 17/06/2024.

On 02/07/2024, an officer of my Department spoke with the person concerned by phone to advise her on what is required to progress her application. On 04/07/2024, further information was received from the person concerned, however, a number of documents remain outstanding and a request for further information issued on the same day. On 08/07/2024, a Community Welfare Officer (CWO) contacted the person concerned to offer additional support with regard to the completion of their application. The CWO will continue to engage with the person, and upon receipt of all the necessary documentation, the claim will be progressed promptly, and the applicant will be advised of the outcome in writing.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (265)

Bernard Durkan

Question:

265. Deputy Bernard J. Durkan asked the Minister for Social Protection is she will examine the case of a one-parent family payment for a person (details supplied) in light of any recent changes regarding maintenance payments, whether her weekly payment has now increased; and if she will make a statement on the matter. [30586/24]

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Written answers

My Department provides a range of income supports for people who are parenting alone including the One-Parent Family Payment.

One-Parent Family Payment (OPFP) is a payment for parents under age 66 who are not cohabiting, and whose youngest child is under 7. A person will usually stop getting OPFP when their youngest child turns 7 at which point, they can apply for a Jobseeker’s Transitional Payment (JST).

As advised to the Deputy in Dáil Question No. 224, the person concerned was awarded a OPFP on 28/01/2016 and, as of 30/05/2024, was in receipt of a weekly rate of €254, made up of a personal rate of €232 and an increase for two children of €92 less means due to employment, and child maintenance of €70 of which only €2.39 was assessable.

Following a change in legislation, with effect from 06/06/2024, the child maintenance portion of any maintenance a person receives is no longer assessable as means. For this reason, the person’s claim was reviewed and their rate of OPFP payable, from 06/06/2024, was increased to a weekly rate of €256.50. The decision was made in accordance with Section 8 of the Social Welfare and Civil Law (Miscellaneous Provisions) Act 2024.

The person concerned was informed of this decision in a letter dated 29/05/2024 and advised if they were not satisfied with the decision, they could send in any facts or evidence to the Department and a Deciding Officer would review the decision. The person was also advised they could appeal the decision to the independent Social Welfare Appeals Office.

If the person’s means from employment has changed they can request a review of their means by contacting the local Social Welfare Branch Office in Maynooth or by emailing newbridge@welfare.ie and providing a current payslip. A review will be undertaken promptly, and the person will be advised of the outcome in writing.

Information on all schemes and payments administered by my Department can be found at www.gov.ie.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (266)

Bernard Durkan

Question:

266. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of an application for domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [30587/24]

View answer

Written answers

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

Eligibility for DCA is not based entirely on the child's disability but primarily on the impact of the disability/diagnosis, in terms of the level of associated care and attention required by the relevant child, compared to a child of a similar age who does not have such a disability/diagnosis.

An application for DCA in respect of their child was received by my Department from the person concerned on 23 October 2023.

A deciding officer disallowed their application as per decision dated 22 January 2024. Based on the information provided, their child was not considered to satisfy the conditions for DCA. This determination also considered the supporting documentary (medical) evidence that was provided by the applicant in the application process. The deciding officer had regard to the professional opinion of a departmental Medical Assessor in making their decision and a copy of that medical opinion was issued to the applicant for information, along with the above decision notification.

The person concerned requested a review of the above decision and also appealed the decision to the Social Welfare Appeals Office. (SWAO)

Following a review of their application in respect of their child, including all information and evidence available at the time of the original decision and all further additional information/evidence provided in support of their review request, a deciding officer decided not to revise the original decision as per further decision dated 27 May 2024.

Their file was sent to the SWAO on 24 May 2024 for determination by an Appeals Officer. The SWAO will notify the person concerned directly of the appeal outcome in due course.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (267)

Michael Creed

Question:

267. Deputy Michael Creed asked the Minister for Social Protection the reason a person in County Cork (details supplied) has had a reduction in their invalidity pension. [30616/24]

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Written answers

Invalidity Pension (IP) is payable to an insured person who satisfies certain Social Insurance (PRSI) contribution conditions and who is permanently incapable of work due to an illness or incapacity and for no other reason.

The person concerned is in receipt of IP from 26 November 2020 and is receiving an increase for a qualified adult (IQA) and an increase for 1 qualified child (IQC) currently. The person was receiving an increase for 2 qualified children up to 3 July 2024 but as one of the qualified children is now over 18 years of age and not certified in full-time education, the IQC payment for this child has ceased from 4 July 2024.

An education certificate to be completed by the college the child in question is attending issued to the person concerned on 15 May 2024 should the child be attending in the 2024/25 academic year. A completed certificate has not been returned to my Department to date. If the child in question is attending full-time education in the 2024/25 academic year, the education certificate should be completed and returned to my Department as soon as the person concerned is in a position to do so.

I hope this clarifies the position for the Deputy.

Social Welfare Payments

Questions (268)

Michael Creed

Question:

268. Deputy Michael Creed asked the Minister for Social Protection the reason a person (details supplied) has had a significant reduction in their disability allowance payment given that there has been no change in household income; and if she will make a statement on the matter. [30617/24]

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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.

My Department received notification that there had been a change in the circumstances of the person concerned. Following a review of their payment, there was an increase in the person's means and they were assessed with weekly means of €380.00. This was based on the employment income of the person concerned and their spouse, resulting in a new weekly rate of payment of €60.00 with effect from 14th June 2024. Means in this case were calculated on the basis of payslips supplied by the person concerned.

The person was notified in writing of this decision on 30 May 2024 and of their right to seek a review and/or an appeal to the Social Welfare Appeals Office.

I trust this clarifies the matter for the deputy.

Social Welfare Payments

Questions (269)

Duncan Smith

Question:

269. Deputy Duncan Smith asked the Minister for Social Protection to investigate the case of a mother (details supplied) who has been denied maternity benefit, despite having the necessary contributions. [30622/24]

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Written answers

Maternity Benefit is a payment made for up to 26 weeks to employed and self-employed women who are on maternity leave from work and who satisfy certain qualifying conditions including social insurance (PRSI) contribution conditions on their own insurance record.

To qualify for Maternity Benefit, a woman must be in insurable employment that is covered by the Maternity Protection Act, 1994, immediately before the first day of maternity leave and she must meet certain PRSI contribution conditions listed in the governing legislation.

Claimants who are not EU/EEA citizens are required to have a GNIB/Irish Residence Permit (IRP) card and a work permit, if necessary, to work in Ireland. Any employment performed without the required permissions to be employed in Ireland is not reckonable for PRSI purposes.

The person concerned applied for Maternity Benefit on 23 August 2023 with their maternity leave to commence on 15 August 2023. The IRP/GNIB documents provided do not cover the qualifying or relevant tax year fully and do not cover the start date of the Maternity Benefit claim. Therefore, her claim for Maternity Benefit was disallowed. The person concerned can send any further documentation to the Maternity Benefit section for consideration.

The person concerned has lodged an appeal with the Social Welfare Appeals Office in relation to the decision and the appeal will be considered in due course.

I trust this clarifies the matter for the Deputy.

School Meals Programme

Questions (270)

Fergus O'Dowd

Question:

270. Deputy Fergus O'Dowd asked the Minister for Social Protection for an update on any discussions or proposed changes on the nutritional standards for school meals in order to ensure the needs of coeliac diagnosed children have suitable options in the school meals programme; and if she will make a statement on the matter. [30654/24]

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Written answers

The objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement. Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.

Funding under the programme can be provided for breakfast, snack, cold lunch, dinner, hot school meals and afterschool clubs and is based on a maximum rate per child per day, depending on the type of meal being provided.

Responsibility for sourcing the meals is a matter for each school, but to secure funding they must first agree to apply the standards set out by signing a Service Level Agreement which clearly sets out the school’s responsibilities and obligations in terms of Nutritional Standards for School Meals which were developed by a working group led by the Health and Wellbeing Programme in the Department of Health, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.

Each school is required to provide a menu choice of at least two different meals per day and where required, provide a vegetarian or vegan option and an option that caters for students’ religious and cultural dietary requirements. The food provided for those with allergies must comply with the Standards. Guidance on allergies such as coeliac disease and gluten intolerance is available from Safefood.net.

Schools are responsible for choosing their own School Meals supplier on the open market in a fair and transparent manner in accordance with Public Procurement rules. Under tender documentation as stipulated by the Schools Procurement’s Unit, the menu is to accommodate those with food intolerances and allergies, from lactose-free to vegetarian to gluten-free, for example. In addition, the supplier is to check with the school upon award of the contract, the details of such to accommodate those potential customers and the supplier must provide clearly visible menu boards with an allergens list.

My Department provides the funding directly to the schools, who are then required to procure the provision of the food in compliance with Government procurement rules and with relevant Hazard Analysis and Critical Control Point, Food Safety regulations and the Nutritional Standards for School Meals. It is the responsibility of the school to source a supplier that can meet the dietary requirements of all of their pupils.

I trust this clarifies the matter.

Social Welfare Benefits

Questions (271)

Thomas Pringle

Question:

271. Deputy Thomas Pringle asked the Minister for Social Protection if she is aware of the case of a person (details supplied) who was on long-term illness benefit for approximately 21 or 22 years but has been taken off that payment and asked to apply for invalidity pension. [30671/24]

View answer
Awaiting reply from Department.

Social Welfare Appeals

Questions (272)

Thomas Pringle

Question:

272. Deputy Thomas Pringle asked the Minister for Social Protection if she is aware of the case of a person (details supplied) who was on long-term illness benefit for approximately 21 or 22 years but has been taken off that payment and asked to apply for invalidity pension; and if she will make a statement on the matter. [30671/24]

View answer

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 in that office on 28th February 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. These papers were received in the Social Welfare Appeals Office on 8th March 2024. Additional medical evidence was subsequently received from the person concerned. The case was referred to an Appeals Officer on 9th July 2024, 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.

Industrial Disputes

Questions (273)

Eoin Ó Broin

Question:

273. Deputy Eoin Ó Broin asked the Minister for Social Protection the steps that have been taken by her Department in relation to industrial action undertaken by an organisation (details supplied) in June; if her Department intends to implement the Labour Court recommendation concerning pay and conditions for staff; and if she will make a statement on the matter. [30746/24]

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Written answers

Firstly, let me reiterate that I value and acknowledge the important services that the National Advocacy Service for People with Disabilities (NAS) provides to adults with disabilities across the country, helping to ensure their wishes and preferences are heard in decisions that affect their everyday lives.

NAS is a company limited by guarantee and a registered charity. It is funded to provide services on behalf of the Citizens Information Board (CIB). CIB, in turn, is funded by my Department.

I understand that the Board of NAS, and CIB, following consultation with my Department, agreed to implement the Labour Court recommendation concerning NAS, in order to address pay divergences and to ensure that staff in NAS are paid the same as comparable grades in CIB umbrella companies.

I understand that the union, NAS management and CIB agreed to participate in talks led by former Labour Court Chair Kevin Duffy to discuss implementation of this recommendation.

I am aware that these talks regrettably broke down without agreement. Officials from my Department had been attending the talks as observers on invitation from the Chair.

As I understand it, a number of offers were made at the four days of talks.

Offers included measures to immediately address pay divergences within NAS, an immediate pay increase for all NAS employees, and an independent assessment to establish the grades within the CIS to which NAS staff could be benchmarked.

Offers were also made whereby relevant NAS employees in the four grades covered by the Labour Court’s recommendation would receive the majority of the increased pay they sought immediately, based on the union submission, with any balance to be paid once the independent assessment of grade comparability was completed.

I understand that unfortunately these offers were rejected, on the basis of the balance of the increased pay being contingent on the outcome of the independent process.

This is regrettable, as it is important that any pay agreement using Exchequer funds is based on the principle that employees which undertake demonstrable comparable work receive comparable pay.

The focus of all parties should be on the people using these critical services and working to minimise any impact on them by reaching agreement.

No industrial relations dispute is ever solved in isolation and without compromise on all sides. I therefore urge all parties to get back to the table to reach agreement and to reduce the unnecessary impact on NAS’ service users.

CIB, and my Department, remain available to recommence discussions aimed at reaching an agreement.

Social Welfare Appeals

Questions (274)

Colm Burke

Question:

274. Deputy Colm Burke asked the Minister for Social Protection the reason a person (details supplied) who submitted an appeal on 15 November 2023 with regard to benefit payment for 65-year-olds has not yet received a decision on the matter, when a decision is likely to be reached in this case; the reason for the delay;; and if she will make a statement on the matter. [30750/24]

View answer

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 in that office on 28th February 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. These papers were received by the Social Welfare Appeals Office on 28th June 2024 and the case was referred to an Appeals Officer on 15th July 2024, 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.

Social Welfare Appeals

Questions (275)

Willie O'Dea

Question:

275. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made on an application for domiciliary care allowance (details supplied); and if she will make a statement on the matter. [30758/24]

View answer

Written answers

Domiciliary Care Allowance (DCA) is payable 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 that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.

Eligibility for DCA is based on the child's ongoing additional care needs.

In line with other Social Protection schemes, DCA is subject to review to ensure that the qualifying conditions for the allowance continue to be met.

A deciding officer wrote to the person concerned on 3 August 2023 advising that their continued entitlement to DCA in respect of their child was under review. This communication also advised the person they could, if applicable, submit any further relevant information / documentary evidence in support of that review.

Further to the above communication, a Deciding Officer decided as per review decision dated 01 December 2023, that the person concerned was no longer entitled to DCA with effect from 30 November 2023, as their child no longer satisfied the medical criteria for DCA, based on all available information, including the further updated medical evidence that was provided by the claimant as part of that review. The person concerned was notified of that review decision in writing on 1 December 2023, the reason for the decision and of the right of review and/or appeal.

The person concerned appealed the above decision to the Social Welfare Appeals Office (SWAO)

In advance of the appeal process, a further review of their DCA claim was undertaken by a Deciding Officer, and as part of that review process, their file, including the further information and documentary (medical) evidence provided by the claimant in support of their appeal/ review was referred for the opinion of a departmental Medical Assessor (MA). Following receipt of the MA response, a further review was completed by a Deciding Officer who decided not to revise the above decision, as per review decision dated 09 July 2024. The person concerned was notified of this further decision in writing on 9 July 2024 and a copy of the further MA opinion (dated 9 July 2024) was also enclosed with the decision notification for their information.

The claimant's file was submitted to the SWAO on 9 July 2024, for determination by an Appeals Officer. The SWAO will notify the person concerned directly of the appeal outcome in due course.

I hope this clarifies the position for the Deputy.

State Bodies

Questions (276)

Catherine Connolly

Question:

276. Deputy Catherine Connolly asked the Minister for Social Protection the timeline for the implementation of the pay agreement concluded on foot of a Labour Court recommendation on pay and conditions for employees at the National Advocacy Service; the reason for the delay in implementing the agreement; and if she will make a statement on the matter. [30769/24]

View answer

Written answers

Firstly, let me reiterate that I value and acknowledge the important services that the National Advocacy Service for People with Disabilities (NAS) provides to adults with disabilities across the country, helping to ensure their wishes and preferences are heard in decisions that affect their everyday lives.

NAS is a company limited by guarantee and a registered charity. It is funded to provide services on behalf of the Citizens Information Board (CIB). CIB, in turn, is funded by my Department.

I understand that the Board of NAS, and CIB, following consultation with my Department, agreed to implement the Labour Court recommendation concerning NAS, in order to address pay divergences and to ensure that staff in NAS are paid the same as comparable grades in CIB umbrella companies.

I understand that the union, NAS management and CIB agreed to participate in talks led by former Labour Court Chair Kevin Duffy to discuss implementation of this recommendation.

I am aware that these talks regrettably broke down without agreement. Officials from my Department had been attending the talks as observers on invitation from the Chair.

As I understand it, a number of offers were made at the four days of talks.

Offers included measures to immediately address pay divergences within NAS, an immediate pay increase for all NAS employees, and an independent assessment to establish the grades within the CIS to which NAS staff could be benchmarked.

Offers were also made whereby relevant NAS employees in the four grades covered by the Labour Court’s recommendation would receive the majority of the increased pay they sought immediately, based on the union submission, with any balance to be paid once the independent assessment of grade comparability was completed.

I understand that unfortunately these offers were rejected, on the basis of the balance of the increased pay being contingent on the outcome of the independent process.

This is regrettable, as it is important that any pay agreement using Exchequer funds is based on the principle that employees which undertake demonstrable comparable work receive comparable pay.

No industrial relations dispute is ever solved in isolation and without compromise on all sides. I therefore urge all parties to get back to the table to reach agreement and to reduce the unnecessary impact on NAS’ service users.

Social Welfare Appeals

Questions (277)

Michael Ring

Question:

277. Deputy Michael Ring asked the Minister for Social Protection when a decision will issue in respect of an appeal for a person in County Mayo (details supplied), in view of the fact that this appeal is ongoing since 15 December 2022, and the hardship that is being caused to this person by this extreme delay; and if she will make a statement on the matter. [30812/24]

View answer

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 in that office on 28th November 2022. 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. These papers were received in the Social Welfare Appeals Office on 6th January 2023, and the case was referred to an Appeals Officer on 25th January 2023.

Correspondence between the Social Welfare Appeals Office and the representatives of the person concerned is ongoing in relation to the appeal. A letter issued to the representatives on 7 May 2024 and a reply is awaited for the appeal to proceed further.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (278)

Bernard Durkan

Question:

278. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate if a recent application for an invalidity pension can be urgently reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [30832/24]

View answer

Written answers

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

My Department received an application for IP from the person concerned on 8 March 2024. Based on the medical information supplied, it was refused by a Deciding Officer (DO) on the grounds that the medical conditions for the scheme were not satisfied. Notification of the decision issued to the person in question on 13 May 2024 along with the reasons why the medical conditions for the scheme were not satisfied. This letter also advised of his right to seek a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

The person concerned sought an appeal and review of the decision and submitted further medical evidence in support of his claim. On review of the medical evidence to hand, the reviewing DO decided that the decision to refuse his application remained unchanged and notification of this decision issued to the person in question on 1 July 2024.

However, a further review of all medical information to hand for his claim has now been undertaken and the DO has decided that the person concerned is medically suitable for the scheme. Therefore, the person referred to has been awarded IP with effect from 14 March 2024 and will receive first payment to their nominated bank account on 25 July 2024. Any arrears due from 13 March 2024 to 24 July 2024 will be received shortly after first payment date. The individual concerned was notified of this decision on 9 July 2024.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Questions (279)

Bernard Durkan

Question:

279. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate the progress to date in the determination of an appeal of application for domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [30869/24]

View answer

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 in that office on 5th 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. These papers were received in the Social Welfare Appeals Office on 2nd July 2024, and the case was referred to an Appeals Officer on 9th July 2024, 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.

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