Written Answers Nos. 106-126
106. Deputy Frankie Feighan asked the Minister for Housing, Local Government and Heritage if he will consider increasing the threshold under the shared equity scheme to purchase a house in Sligo, Leitrim and Roscommon, which is currently capped at €350,000 (details supplied). [39551/24]
View answerThe First Home Scheme, which launched in July 2022, is a shared equity scheme, designed to help bridge the gap for eligible first-time buyers, eligible homebuyers, and self-builders, between their deposit and mortgage, and the price of their new home (within price ceilings established across the country). Full details are available on the First Home Scheme website, www.firsthomescheme.ie.
The First Home Scheme Designated Activity Company (DAC) is fully responsible for the operation of the First Home Scheme on behalf of all shareholders, including price ceiling reviews. At its launch, the First Home Scheme Designated Activity Company (DAC) announced it would review all price ceilings at 6-month intervals. At the end of June 2024, the First Home DAC published the outcome of the fourth of its scheduled 6-monthly reviews of the price ceilings that apply to qualifying homes and subsequently revised price ceilings in relation to 14 local authority areas, including increasing Sligo, Leitrim and Roscommon County Councils from €325,000 to €350,000. The revised price ceilings came into effect 1 July 2024.
More information on price-ceiling reviews is available at the following link: www.firsthomescheme.ie/about-the-scheme/property-price-ceilings/
107. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage to consider extending the vacant property refurbishment grant to other older buildings, including traditional barns and farm buildings. [39527/24]
View answer109. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if a home has been vacant for over two years, but a person unwittingly moved in before an application was lodged for the refurbishment grant, if the grant can still be processed once it is established that the house had been vacant for the necessary time. [39565/24]
View answerI propose to take Questions Nos. 107 and 109 together.
Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock.
The Vacant Property Refurbishment Grant, introduced in July 2022 under the Croí Cónaithe Towns Fund, supports bringing vacant and derelict properties back into use as homes. A grant of up to €50,000 is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent. Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000.
The grant is available in respect of vacant and derelict properties built up to and including 2007, in towns, villages, cities and rural areas. Properties considered for inclusion must be vacant for two years or more at the time of application with evidence supporting this is required as part of the grant application. Decisions on individual applications are a matter for the local authority.
Grant funding is available for the refurbishment of vacant or derelict properties, including the conversion of commercial or public use properties which have not been used as residential heretofore, subject to planning permission being in place. Agricultural buildings are not eligible for the grant.
When the Croí Cónaithe Towns Fund was launched, a commitment was given that a comprehensive review of the schemes under it, including the Vacant Property Refurbishment Grant, would be undertaken by mid 2024. The review has been completed and I am now considering its contents. The types of buildings eligible for the grant has been considered as part review of the scheme.
108. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage the funding options a group can access (details supplied); and if he will make a statement on the matter. [39529/24]
View answerAs Minister, I have no function in relation to famine graveyards.
However, the National Monuments Service of my Department administers the Community Monuments Fund (CMF) through the local authorities and there may be eligible monuments in or near famine graveyards. The CMF invests in our valuable archaeological heritage and helps the owners and custodians of archaeological monuments to safeguard them into the future for the benefit of communities and the public.
The CMF:
• enables conservation works to be carried out on monuments which are deemed to be significant and in need of urgent support;
• builds resilience in our monuments to enable them to withstand the effects of climate change;
• encourages access to monuments and improve their presentation.
The Community Monuments Fund has 3 Streams:
1. Stream 1 offers grants up to €100,000 aimed at essential repairs and capital works for the conservation and repair of archaeological monument.
2. Stream 2 offers grants of up to €30,000 for development of Conservation Management Plans/Reports that are aimed at identifying measures for conservation of archaeological monuments and improving public access.
3. Stream 3 offers grants of up to €30,000 for enhancement of access infrastructure and interpretation (including virtual/) at archaeological monuments.
The fund provides funding for projects in relation to:
(i) Archaeological Monuments that are included in the Record of Monuments and Places (RMP) under the National Monuments Act 1930 (as amended);
(ii) Archaeological Monuments that are identified in the Sites and Monuments Record compiled by the National Monuments Service.
Eligible projects are drawn from the following categories:
a) projects proposed by a Local Authority in relation to archaeological monuments in public ownership, where a clear heritage focus and community or public benefit has been demonstrated;
b) projects proposed by a Local Authority on foot of applications from private applicants who are the owners or custodians of relevant archaeological monuments where there is a tangible public benefit;
c) projects with a clearly defined heritage focus and community or public benefit proposed directly to the Department by a State-funded organisation working in the heritage area.
The scheme for 2025 will be announced in November this year.
110. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the length of time the 10% requirement for open public space in new developments has been in place; if it has been reduced to 10% over recent years; and if he will make a statement on the matter. [39570/24]
View answerGuidelines relating to residential development were first issued in 1999 as the Residential Density Guidelines for Planning Authorities. These Guidelines included a series of recommendations with regard to the provision of public open space, namely: • That in general 10% of a site should be reserved as public open space; • In the case of a greenfield site or lands which were the subject of a Local Area Plan the requirement for public open space should be increased to 15%; and • On institutional lands, a minimum public open space requirement of 20% may apply. The Guidelines also outlined the circumstances in which the open space requirement may be reduced. In such cases, planning authorities could seek a financial contribution in lieu of public open space or recreation facilities in the wider area. The Sustainable Residential Developments in Urban Areas Guidelines issued in 2009, superseded the original 1999 Guidelines. More recently, the Sustainable Residential Development and Compact Settlements Guidelines issued in January 2024 superseded the 2009 Guidelines. The principles and standards set out in the 1999 Guidelines were generally carried forward, with increased emphasis on qualitative standards, green infrastructure and biodiversity and the need for planning authorities to take a more flexible approach to the application of quantitative open space standards. The Sustainable Residential Development and Compact Settlement Guidelines (2024) state that development plans shall set an open space provision of not less than a minimum of 10% of net site area and not more than a minimum of 15% of net site area save in exceptional circumstances (Policy Objective 5.1 refers). The guidelines also state that minimum requirement should be justified taking into account existing public open space provision in the area and broader nature conservation and environmental considerations. In the case of larger strategic sites, minimum public open space will be determined on a plan-led basis, having regard to the overall approach to public park provision within the area. In the case of sites that contain significant heritage, landscape or recreational features and sites that have specific nature conservation requirements, a higher proportion of public open space may need to be retained. The guidelines allow a planning authority in some circumstances to set aside (in part or whole) the public open space requirement arising under the development plan and to accept a financial contribution in lieu of provision within an application site. These guidelines were issued in January 2024 as Ministerial Guidelines under Section 28 of the Planning and Development Act, 2001 (as amended). Section 28 of the Act provides that planning authorities and An Bord Pleanála (ABP) shall have regard to Ministerial Guidelines, and shall apply any specific planning policy requirements of the Guidelines, in the performance of their functions under the Planning and Development Act 2000 (as amended).
111. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage if the same rights are attached to local authority gratuity payments to a former councillor as to a public servant's pension and lump sum; and if he will make a statement on the matter. [39572/24]
View answerEligible retiring councillors have been paid a gratuity since 2002. The present scheme was established in June of this year under S.I. No. 276 of 2024.
The present Regulations, which commenced on 14 June 2024, provide that where an elected member of a local authority ceases to hold office and has at least two years' qualifying service having –
(a) reached the age of 50 years, or(b) become incapable of performing his or her duties as a member due to permanent infirmity of mind or body, or(c) died in office,
they will qualify for a gratuity. In the case of (c) above, the member’s legal personal representative will be granted the gratuity.
The Regulations further provide that, in circumstances where a member has not reached the age of 50 on retirement, their gratuity will be preserved until they have reached that age; their gratuity will then be calculated with reference to the current rate of remuneration rate at that point.
Gratuities are calculated on the basis of the following formula:
A x B x 3
20
where A is the applicable annual remuneration rate payable on the date the elected member ceased to be a member or, in the case of a preserved gratuity, the date on which the former member reaches the age of 50, and B is the number of years of his or her gratuity service.
The gratuity paid to councillors is non-contributory and is subject to tax, depending on the value of other lump sum type payments received by the individual.
Local authority staff employed in a pensionable capacity are members of either pre-existing or single public service pension schemes. The pre-existing and single pension schemes are defined benefit schemes with contributions payable by members by way of deduction from salary/wages. Rates of contributions and any benefits accruing are set by the terms of either the Local Government Superannuation Scheme, as subsequently amended, or the Single Public Service Pension Scheme. In general, the benefits include an annual pension and a lump sum payable upon retirement.
112. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the circumstances under which a gratuity payment of an ex-member of a local authority can be confiscated; and if he will make a statement on the matter. [39574/24]
View answerRegulations for a revised non-contributory gratuity scheme for local authority elected members have recently been published under S.I. No. 276 of 2024. Related guidance has been issued to local authority staff and serving elected members.
The Regulations, which commenced on 14 June 2024, provide that where an elected member of a local authority ceases to hold office and has at least two years' qualifying service having –
(a) reached the age of 50 years, or(b) become incapable of performing his or her duties as a member due to permanent infirmity of mind or body, or(c) died in office,
they will qualify for a gratuity. In the case of (c) above, the member’s legal personal representative will be granted the gratuity.
The Regulations further provide that, in circumstances where a member has not reached the age of 50 on retirement, their gratuity will be preserved until they have reached that age; their gratuity will then be calculated with reference to the current rate of remuneration rate at that point. This applies to all former councillors who, at the time of the new Regulations' commencement, have not yet reached the age of 50 or otherwise received a gratuity under (b) or (c) above.
It is a matter for the relevant local authority to calculate and administer the gratuity payable to a former member, where they are eligible to receive one.
While the Regulations are silent in relation to other circumstances in which a gratuity payment might be withheld, there may be valid legal reasons at a local level for such a course of action. This would be a matter for the local authority concerned, having sought appropriate legal advice.
113. Deputy Paul McAuliffe asked the Minister for Social Protection if the domiciliary care allowance of a person (details supplied) will be reviewed. [39474/24]
View answerDomiciliary Care Allowance (DCA) is a monthly allowance payable to a parent / guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of the child's disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child to deal with activities of daily living in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues , including any other additional needs.
A basic qualifying condition of DCA is that the relevant child must be aged under 16 at the time of application.
An application for DCA was received on 5 September 2024 from the person concerned. This DCA application was disallowed by a Deciding Officer as per decision dated 16 September 2024. Based on the information provided, the person being applied for was over the age of 16 and therefore, was not considered to satisfy the conditions for DCA.
On foot of your request for a review of eligibility for DCA in this case, a full re-examination of this DCA claim and my Department's original decision of 16 September 2024 will now be undertaken by a Deciding Officer. Once that review has been completed, the person concerned will be notified directly of the decision in writing.
An application form for Pension Caring Supports has been issued by post to the person concerned.
I hope this clarifies the position for the Deputy.
114. Deputy Niamh Smyth asked the Minister for Social Protection if the homemaker changes will have an impact on the pension amount that a person (details supplied) is receiving; and if she will make a statement on the matter. [39485/24]
View answerThe person concerned reached pension age on 24 September 2018.
An application for State Pension (contributory) was received on 26 June 2018. The person concerned was awarded the pension from their 66th birthday. The rate awarded was based on a yearly average of 33 which is equivalent to 90% of the maximum rate of pension. To qualify for the maximum rate, a yearly average of 48 is required. Following the introduction of the Total Contribution Approach calculation method, the claim of the person concerned was reviewed in 2019. They were awarded 433 reckonable HomeCaring Periods which resulted in an increase in their pension rate to 90.48% from their 66th birthday. A further review was undertaken in 2023, however there was no change to the rate paid. 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 caregiving do not need to be consecutive. The quickest way to apply for LTCCs is online at MyWelfare.ie if the person has a verified MyGovID account. Further information is available on the Government website at gov.ie/pensions.
It is open to the person concerned to apply for the means-tested State Pension (non-contributory), the maximum rate of which equates to 95% of the maximum rate of State Pension (contributory).
I hope this clarifies the position for the Deputy.
115. Deputy Michael Ring asked the Minister for Social Protection if a final decision has issued in respect of an application from a person in County Mayo (details supplied), or if this application is at the appeal stage; and if she will make a statement on the matter. [39488/24]
View answerThe Work Placement Experience Programme (WPEP) is a key policy initiative under the Government's national employment services strategy, Pathways to Work 2021-2025. It is a funded work placement scheme to provide quality work experience to unemployed jobseekers to build their skills and experience. Placements run for 6 months at 30 hours per week to include time spent on training. All participants are currently paid a minimum of €335 per, plus any social welfare increases for qualified adults and children.
Under the current guidelines for WPEP, a role cannot displace opportunities that are already existing for training, work experience or employment through other initiatives, including Community Employment. In relation to this WPEP application, it appears that there may be two associated businesses linked to with the work activities, one relating to community employment.
The matter is being reviewed currently with a view to determining the appropriateness of the opportunity as a work experience placement. When the review is completed over the coming days, the jobseeker will be advised of the outcome.
116. Deputy Michael Healy-Rae asked the Minister for Social Protection if an appeal for a disability allowance (details supplied) can be examined; and if she will make a statement on the matter. [39516/24]
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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
I trust this clarifies the matter for the Deputy.
117. Deputy Frankie Feighan asked the Minister for Social Protection if she will consider changing the rules around community employment workers who currently are not entitled to the winter fuel allowance, as this may provide a bigger incentive to recruit more participants to schemes, which play a vital role in so many communities across the country. [39552/24]
View answerThe Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €382 million in 2024. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.
The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria including a means test and the household composition criteria.
I recently announced that for the current Fuel Allowance season, the period a person spends on a Community Employment Scheme, Rural Social Scheme or Tús can be counted when assessing if a person satisfies the qualifying period criterion for Fuel Allowance purposes.
Therefore, claimants who move to these Employment Support Schemes who were previously in receipt of short-term Jobseeker’s Allowance or Basic Supplementary Welfare Allowance can accrue entitlement to Fuel Allowance while on the scheme.
This measure will benefit those that leave a qualifying social welfare payment to engage in an Employment Support Scheme.
Furthermore, those who move onto a qualifying social welfare payment for Fuel Allowance such as Jobseekers Allowance or Basic Supplementary Welfare Allowance, following completion of these Employment Support Schemes, will also be able to use the period spent on the Employment Support Scheme to satisfy the payment period requirement.
Any decision to allow all those who participate on a Community Employment Scheme to qualify for Fuel Allowance would fundamentally change the targeted nature of the scheme and can only be considered while taking account of the overall policy and budgetary situation.
I trust that this clarifies the matter for the Deputy.
118. Deputy Verona Murphy asked the Minister for Social Protection if community employment sponsors must set aside reserve funds to cover redundancy payments, whether statutory or enhanced, as a contingency in the event of the project becoming insolvent; and if she will make a statement on the matter. [39567/24]
View answer119. Deputy Verona Murphy asked the Minister for Social Protection if her Department assesses the financial viability of CE sponsors to cover redundancy costs before signing annual contracts with the sponsor; if not, the reason; and if she will make a statement on the matter. [39568/24]
View answerI propose to take Questions Nos. 118 and 119 together.
Schemes such as Community Employment (CE) are positive initiatives that enable the long-term unemployed to make a contribution to their communities while up-skilling themselves for prospective future employment. The Department of Social Protection funds CE, which is delivered by independent sponsor organisations. As such, supervisors employed on CE schemes are employees of the individual companies.
Where a sponsor organisation takes a decision to cease operations, an issue of redundancy may arise in relation to any supervisor employed. Where the CE sponsor organisation, as an employer, does not have the funds to pay statutory redundancy, they can submit an application on their employee’s behalf to the Department for payment to be made through the Redundancy Payment Scheme.
The Department is not the employer of CE supervisors and payment of redundancy over and above the statutory requirement is a matter for the employer, which in this instance is the CE sponsor. Generally, where CE schemes close, every effort is made to maintain services through amalgamation with other schemes with employment maintained for CE supervisors and places protected for participants. This minimises the need for redundancy, but where a redundancy arises, it is an issue for the employer to resolve.
It is important to note that while DSP is a funder of CE schemes, it does not employ supervisors or participants and has no role in appointing board members to the sponsoring organisations. It is expected that all board members should be aware of their legal and fiduciary responsibilities in relation to the operation and windup of the companies which they oversee.
I trust this clarifies the matter for the deputy.
120. Deputy Bernard J. Durkan asked the Minister for Social Protection to reconsider a decision to refuse free fuel allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39592/24]
View answerFuel Allowance (FA) may be payable to certain households in receipt of long term social welfare payments. The allowance is subject to a means test and is paid only to those who live alone or with certain exempted people. Only one Fuel Allowance is payable per household.
An application for FA was last received from the person concerned on 23 September 2024. The application was refused on the grounds that his household is an unqualified one for FA. The information available to my Department was that the spouse of the person in question is in paid employment and is not an exempted person within the household for the purposes of the scheme. The person referred to was notified of the decision to refuse his application on 23 September 2024.
It is open to the person in question to apply again for FA if his household circumstances change.
I trust this clarifies the position for the Deputy.
121. Deputy Bernard J. Durkan asked the Minister for Social Protection to reconsider a decision to refuse back-to-school allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39593/24]
View answerThe Back to School Clothing and Footwear Allowance scheme provides a once-off payment to eligible families to assist with the costs of clothing and footwear when children start or return to school each autumn. The scheme operates from June to September each year.
In order to qualify for Back to School Clothing and Footwear Allowance, an applicant must satisfy a number of qualifying conditions, one of which requires the applicant’s weekly household income to be within the relevant income limits.
The Weekly Household Income Limits for 2024 are:
|
No. of Children |
Income Limit |
|
No. of Children |
Income Limit |
|
1 child |
€666.00 |
|
2 children |
€720.00 |
|
3 children |
€774.00 |
|
4 children* |
€828.00 |
*Limit is increased by €54 for each additional child
The household income includes weekly social protection payments, gross income from employment, minus employees PRSI and a €20 travel allowance and any other income the household may have.
Any income from Child Benefit, Rent Supplement, Working Family Payment, Back to Work Family Dividend, Guardian’s Payments, Domiciliary Care Allowance, Blind Welfare Allowance, Foster Care Allowance, Higher Level Education grants, or rehabilitative employment (up to €165 per week) is not assessable.
A review of the eligibility to the allowance for the person concerned has been undertaken and their application for the allowance has not been awarded as their weekly household income is in excess of the relevant income limit. Details of the income assessed has been sent to the person concerned.
Applications which fall outside the normal rules of the scheme may be considered for an Additional Needs Payment under the Supplementary Welfare Allowance scheme.
Any person who considers 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 Service Contact Centre in place – 0818-607080 – which will direct callers to the appropriate office.
I trust this clarifies the matter for the Deputy.
122. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a carer's allowance may be made payable in the case of a person (details supplied); and if she will make a statement on the matter. [39595/24]
View answerCarer's Allowance 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.
To date, the Department has not received an application for Carer's Allowance from the person concerned.
It is open to the person concerned to apply for Carer's Allowance by completing a CR1 application form. An application form has been forwarded by post to the address of the person concerned.
The person will need to complete all the relevant sections and return the completed form to the address below. A checklist is also included in the form which should be used to review the application before submitting.
The address of the Carer's Allowance section is:
Carer's Allowance Section, Ballinalee Road, Longford, Co Longford, N39 E4E0.
A return envelope has been included for convenience.
In considering applications for Carer's Allowance, evidence must be provided in respect of the care recipient’s medical condition, the care needs of the care recipient and the provision of care conditions by the carer, the carer's means and habitual residency conditionality. Decisions on eligibility and entitlement can only be established following the receipt of a completed application form.
I hope this clarifies the position for the Deputy.
123. Deputy Bernard J. Durkan asked the Minister for Social Protection when jobseeker's allowance or other appropriate allowance might be restored in the case of a person (details supplied); and if she will make a statement on the matter. [39597/24]
View answerJobseeker’s Allowance (JA) is a means-tested payment made to people who are unemployed and who do not qualify for Jobseeker’s Benefit (JB) or who choose to apply for JA instead of JB. A means test is an assessment of all of the applicant’s household income, savings, shares, investments, or property that they own, apart from their own home. A means test will also include any income that their spouse, civil partner or cohabitant has. According to the records of my department, the person’s JA claim was disallowed as they failed to provide details of all income that their family is receiving. The person concerned has appealed the decision to disallow their claim. This decision was reviewed and upheld by a Deciding Officer and the file has been sent to the independent Social Welfare Appeals Office. Whilst waiting on the outcome of the appeal, the person concerned can apply for a basic Supplementary Welfare Allowance (SWA). The SWA scheme is the safety net within the overall social welfare system which helps eligible people in the State, whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA 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). The basic SWA provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes. SWA payments are means tested and made at the discretion of the Community Welfare Officers administering the scheme, considering the requirements of the legislation and all the relevant circumstances of the case. If the person concerned is experiencing financial difficulties, pending the outcome of their appeal, they can apply for assistance by completing a SWA1 form and submitting all relevant information in support of their claim. This form is available in all Intreo Centres and Branch Offices and can also be requested by calling the National Community Welfare Service freephone line at 0818 60 70 80 or at www.eforms.gov.ie/en/forms/5. On receipt of a completed application form and supporting documentation, the person’s claim will be assessed, and they 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.
124. Deputy Bernard J. Durkan asked the Minister for Social Protection if a full evaluation of the case of a person (details supplied) can be undertaken, who has been incorrectly assessed as having received an overpayment of the pandemic unemployment payment for a period during which they did not claim; and if she will make a statement on the matter. [39599/24]
View answerThe Pandemic Unemployment Payment was introduced in 2020 to provide support to people who had lost their employment due to the public health restrictions introduced in response to the Covid-19 Pandemic. Under Section 68L (1) (d) of the Social Welfare Consolidation Act 2005 (as amended), PUP is not payable where a person is engaged in insurable employment, that is, works as an employee.
My Department has conducted an extensive analysis of Pandemic Unemployment Payments in the period since 5th August 2020 and has cross checked payments against payroll records from employers submitted to the Revenue Commissioners. The information available to my Department indicates that the person concerned was in receipt of an employment income for 32 weeks throughout 2020 and 2021, whilst concurrently in receipt of PUP. In a letter dated 5th September 2024, the person concerned was advised of an estimated PUP overpayment of €11,300. An administrative disregard of €1,750 has been applied, resulting in an estimated net overpayment of €9,550.
The person concerned was given 21 days to reply to this letter, and to provide any supporting documentation if she did not agree with the estimated overpayment amount. To date, we have not had any reply from her.
I hope this clarifies the position for the Deputy.
125. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will examine the refusal of invalidity pension to a person (details supplied); and if she will make a statement on the matter. [39606/24]
View answerInvalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
My Department received an application for IP from the person concerned on 26 July 2024. This application was refused on 19 September 2024 on the grounds that the medical conditions for the scheme were not satisfied. The person in question was notified on 19 September 2024 of this decision, the reasons for it and of their right of review and/or appeal. My Department has not received a request for a review to date and no request for an appeal has been made to the Social Welfare Appeals Office.
As the medical evidence to date does not indicate permanent incapacity for all types of work, it will be necessary for the person concerned to submit additional medical evidence to this effect if he wishes to have his claim examined or reviewed further.
If the person referred to is experiencing financial hardship, they can make contact with their local Intreo Office to ascertain if supports are available to the family through the Social Welfare Allowance.
I trust this clarifies the matter for the Deputy.
126. Deputy Bernard J. Durkan asked the Minister for Social Protection when a top-up pension will be made available to a person (details supplied); and if she will make a statement on the matter. [39607/24]
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 the person has a legal right of residence that does not preclude them from receipt of relevant social assistance payments, for example, state pension non-contributory.
Following previous representations from the Deputy, a request was forwarded to the Social Welfare Appeals Office to lodge an appeal in relation to the decision made by the Department on 24 June 2024. The Social Welfare Appeals Office wrote directly to the person on 25 June 2024, seeking information regarding the grounds of the appeal. As no reply has been received to date, the Social Welfare Appeals Office is unable to proceed with the appeal process.
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 5 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.
I trust this clarifies the matter for the Deputy.
