Wednesday, 16 Oct 2024

Covid-19 Pandemic Unemployment Payment

Questions (160)

Peadar Tóibín

Question:

160. Deputy Peadar Tóibín asked the Minister for Social Protection the total amount paid out by her Department in pandemic unemployment overpayments as a result of fraudulent applications. [41862/24]

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Written answers

Minister for Social Protection

Overpayments of social welfare entitlements can occur where a person provides false or misleading information in their application or through error on the part of either the claimant or the Department. Persons who have been overpaid social welfare have a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled.

Cases involving fraudulent or suspected fraudulent activity arise where a deciding officer is satisfied that there is sufficient evidence that a person deliberately provided false or misleading information or willfully concealed relevant information in relation to their entitlement. The Deputy will appreciate that there is a high evidential standard to be met in such cases.

To date, just over 34,000 Pandemic Unemployment Payments (PUP) overpayments have been assessed by my department to a value of €85.2m, with €21.8m recovered. Of these, c.1,350 PUP overpayments were considered to have arisen because of suspected fraud, and overpayments have been raised in these cases to a value of €6.2m with recoveries of €1.08m.

I trust that this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (161)

Niamh Smyth

Question:

161. Deputy Niamh Smyth asked the Minister for Social Protection if a decision on claim by a person (details supplied); and if she will make a statement on the matter. [41871/24]

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Written answers

Minister for Social Protection

Death Benefit is payable under the Occupational Injuries Scheme. If a person dies because of an accident at work or an occupational disease their dependents may receive death benefit payments. Dependents may also receive Death Benefit if the person, at the time of their death, had been in receipt of a disablement pension assessed at 50% or more.

Death Benefit includes a widow’s or widower’s or surviving civil partner's pension, orphan’s pension, and funeral grant.

An application for Death Benefit was received on 22 July 2024 from the person concerned. This application, along with their Fuel Allowance, was awarded from 26 July 2024. Notification of this decision was issued to the person concerned on 14 October 2024. Their first payment will issue by their chosen payment method on 25 October 2024. Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments.

In addition, a funeral grant of €850 will issue to customer on 25 October 2024.

I trust this clarifies the matter.

Social Welfare Benefits

Questions (162)

Niamh Smyth

Question:

162. Deputy Niamh Smyth asked the Minister for Social Protection if a decision on claim for a person (details supplied) will be expedited; and if she will make a statement on the matter. [41872/24]

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Written answers

Minister for Social Protection

The person concerned has been awarded a fuel allowance at the weekly rate of €33.00 from the beginning of this current fuel season. Payment will commence into her nominated bank account on the 18th of October 2024 and all arrears due will also be lodged on that date.

A letter to that effect has been posted to her home address.

I trust this clarifies the matter for the Deputy.

Community Employment Schemes

Questions (163)

Neasa Hourigan

Question:

163. Deputy Neasa Hourigan asked the Minister for Social Protection if she will provide an update on engagements between officials from her Department and employer and unions representatives of community employment supervisors and assistant supervisors regarding their terms and conditions, including pay; and if she will make a statement on the matter. [41880/24]

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Written answers

Minister of State at the Department of Social Protection

Community Employment (CE) schemes deliver important locally based community services, while providing a valuable training and development opportunity to the long-term unemployed and to those furthest removed from the labour market.

The Deputy will be aware that CE scheme supervisors and assistant supervisors are employees of private companies in the community and voluntary sector that receive public funding. The terms and conditions of employment for these employees, including remuneration, are primarily a matter for individual employers and employees as part of the employment relationship.

In 2023, Pay increases were awarded to CE supervisors, an increase of 3% from 1 April 2023 and 2% from 1 November 2023, the funding for which was provided by my Department as the programme funder.

Currently, officials from my Department and employer and unions representatives continue to engage in ongoing discussions on terms and conditions including pay.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (164)

Joan Collins

Question:

164. Deputy Joan Collins asked the Minister for Social Protection the reason a person (details supplied) has to date not received the fuel allowance. [41889/24]

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Written answers

Minister for Social Protection

Fuel Allowance is a means-tested payment to assist householders on long-term social welfare payments and persons aged over 70 with the cost of their winter heating needs. Qualification for Fuel Allowance is subject to satisfying all the relevant qualifying conditions. This year, Fuel Allowance season started on 23/09/2024.

Following a review of the person’s application it has been found that, due to a Departmental error, payments have not issued to them for the period 23/09/2024 to 15/10/2024.

This error has now been rectified and on 22/10/2024 they will be able to collect €397.00 from Inchicore Post Office – this includes €232.00 Jobseekers Allowance, €33.00 Fuel Allowance (for the period 16/10/2024 to 22/10/2024) and €132.00 Fuel Allowance arrears (for the period 23/09/2024 to 15/10/2024).

On behalf of the Department, I apologise for the delay that the person concerned experienced in the processing of their application.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (165, 166, 167)

Pearse Doherty

Question:

165. Deputy Pearse Doherty asked the Minister for Social Protection the number of recipients of carer’s allowance (CA), broken down by the number of recipients of a full rate CA payment, the number of recipients of a half-rate CA payment as a consequence of being in receipt of other social welfare payments; the number of recipients of a 150% full-rate payment as a consequence of caring for two or more people; and the number of recipients of a 150% half-rate payment as a consequence of caring for two or more people, in tabular form; and if she will make a statement on the matter. [41987/24]

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Pearse Doherty

Question:

166. Deputy Pearse Doherty asked the Minister for Social Protection the number of recipients of a half-rate carer’s allowance payment who are also in receipt of a full-rate carer’s allowance payment; and if she will make a statement on the matter. [41988/24]

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Pearse Doherty

Question:

167. Deputy Pearse Doherty asked the Minister for Social Protection the number of recipients of a full-rate carer’s allowance payment who are not in receipt of a half-rate payment; and if she will make a statement on the matter. [41989/24]

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Written answers

Minister for Social Protection

I propose to take Questions Nos. 165 to 167, inclusive, together.

A person in receipt of certain social welfare payments who is providing full time care and attention to another person may retain their payment, and receive a half-rate Carer's Allowance payment as well. A person on Carer's Allowance can receive a higher personal rate of an additional 50% if caring for two or more care recipients.

At the end of September 2024, there were 97,257 recipients of Carer's Allowance. Of these, 51,467 were in receipt of a full-rate payment and 45,790 were in receipt of a half-rate Carer's Allowance payment.

Of those on full-rate Carer's Allowance, 42,742 were caring for one person and 8,725 were caring for two or more people.

Of those on half-rate Carer's Allowance, 42,683 were caring for one person and 3,107 were caring for two or more people.

Question No. 166 answered with Question No. 165.

Question No. 167 answered with Question No. 165.

Social Welfare Eligibility

Questions (168)

Brendan Smith

Question:

168. Deputy Brendan Smith asked the Minister for Social Protection if a student is entitled to the back-to-education allowance to study a particular course at the same educational level as they have already achieved but the other course is in a different area of learning and that part-time course was undertaken at the student’s own expense; and if she will make a statement on the matter. [41990/24]

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Written answers

Minister for Social Protection

Back to Education Allowance provides income support for jobseekers and others in receipt of certain social welfare payments who pursue full-time courses of education at further or higher level. The focus of the scheme is to assist people in improving their qualifications and their access to sustainable employment. The Government has provided €35.7 million for the scheme in 2024.

The Back to Education Allowance scheme enables eligible people to continue to receive income support while they attend approved education courses, subject to meeting certain conditions. Employment Personal Advisers and Job Coaches are involved in determining the suitability of the course of study being proposed for the jobseeker, to ensure it is in line with the activation needs of the customer and their Personal Progression Plan. The conditions also include progressing in the level of education held by an applicant with reference to the national framework of qualifications (NFQ). An applicant will generally only be supported to pursue a level of education beyond their current level.

The scheme guidelines state that in certain limited circumstances the Back to Education Allowance can be approved where the customer proposes to undertake a course of study leading to a qualification at either NFQ Levels 5 or 6 where the customer already holds qualification at the same or lesser level. In these cases the Employment Personal Advisor or Job Coach will consider their recommendation in terms of further progression and career development and the customer's overall employment prospects.

If this question relates to a specific case, the person concerned should be advised to engage with the Employment Services Team in their local Intreo Centre to discuss the employment and training opportunities which may be available to them.

I trust this clarifies the position.

Social Welfare Eligibility

Questions (169, 170)

Verona Murphy

Question:

169. Deputy Verona Murphy asked the Minister for Social Protection if compensation that is received from the High Court or other is exempt from social welfare payments that are means tested; and if she will make a statement on the matter. [42026/24]

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Verona Murphy

Question:

170. Deputy Verona Murphy asked the Minister for Social Protection if compensation payments received from the High Court or other exempt from social welfare payments that are means tested; and if she will make a statement on the matter. [42098/24]

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Written answers

Minister for Social Protection

I propose to take Questions Nos. 169 and 170 together.

Social welfare legislation provides that means tests take account of the income and assets of the person (and their spouse or partner, if applicable) applying for the relevant scheme. The means assessment includes income from employment, self-employment, occupational pensions and maintenance payments. It also includes property owned other than the family home and capital such as savings, shares, and other investments.

Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person.

These disregards include, for example, all income derived from payments awarded by the Hepatitis C and HIV Compensation Tribunal, the Residential Institutions Redress Board and payments made in relation to disability caused by Thalidomide.

In addition, ex gratia payments made to women who were admitted to and worked in the Magdalen Laundries, or through the Symphysiotomy Payment Scheme, or payments made by the Minister of Health in accordance with recommendations proposed by the Scoping Inquiry into the CervicalCheck Screening Programme are also disregarded.

All compensation or court awards which are not specifically provided for in social welfare legislation are assessed in the normal manner. However, most social assistance schemes have an initial capital disregard of €20,000. In the case of Disability Allowance and Carer's Allowance the first €50,000 of capital is disregarded.

Any changes to the means assessment of social assistance schemes would have to be considered in the overall policy and budgetary context.

Question No. 170 answered with Question No. 169.

Departmental Legal Cases

Questions (171)

Peadar Tóibín

Question:

171. Deputy Peadar Tóibín asked the Minister for Justice the number of legal cases taken against her Department in each of the past ten years and to date in 2024; the costs incurred by her Department in relation to such cases; and if she will make a statement on the matter. [41720/24]

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Written answers

Minister for Justice

It has not been possible to collate the information requested by the Deputy in the time available.

I will write to the Deputy directly once the information is to hand.

Data Protection

Questions (172)

Peadar Tóibín

Question:

172. Deputy Peadar Tóibín asked the Minister for Justice the number of data breaches experienced by her Department in each of the past ten years and to date in 2024; if a breakdown will be provided on the nature of the breaches; and if she will make a statement on the matter. [41738/24]

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Written answers

Minister for Justice

I can assure the Deputy that my Department is committed to protecting the rights and privacy of all individuals in accordance with the EU General Data Protection Regulation, 2016/679 (GDPR) and the Data Protection Act 2018. My Department complies fully with data breach reporting requirements.

Securing and managing personal data in accordance with the GDPR principles is a priority and is governed by a comprehensive set of policies, procedures and systems. For example, a Data Protection Steering Group operates with senior personnel drawn from across the Department to assist the Management Board and the Data Protection Officer in fulfilling their Data Protection responsibilities.

As the Deputy will appreciate, my Department is a large and growing organisation with over 3,500 staff providing a wide range of public services to hundreds of thousands of people each year, increasingly in digital format and with increasing volumes year on year.

My Department has implemented measures to ensure the security of all personal data and limit risks of unauthorised access. Measures for the protection of personal data are kept under review and upgraded where appropriate.

Furthermore, all staff are required to undergo data protection training in order to ensure compliance with statutory obligations.

The obligation to notify the Data Protection Commission of a personal data breach, and for the Department to maintain a register of all personal data breaches came into effect in May 2018. As a result, detailed information predating that requirement is not available but my Department recorded six breaches for the years 2017 and 2018.

The information requested by the Deputy from the introduction of the GDPR in May 2018 to date is set out in the table below.

Breach Type	2018	2019	2020	2021	2022	2023	2024 to Date
Unauthorised disclosure	31	88	88	93	92	139	134
Paper lost or stolen	6	22	30	20	18	22	14
Device lost or stolen	4	19	2	9	7	8	6
Unauthorised access	-	-	-	-	1	1	3
Other	-	2	1	-	2	-	-
Total	41	131	121	122	120	170	157

Official Travel

Questions (173)

Peadar Tóibín

Question:

173. Deputy Peadar Tóibín asked the Minister for Justice the total costs associated for her Department in relation to trips abroad taken by Ministers in her Department in each of the past five years and to date in 2024. [41756/24]

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Written answers

Minister for Justice

It has not been possible to collate the information requested by the Deputy in the time available.

I will write to the Deputy directly once the information is to hand.

Departmental Expenditure

Questions (174)

Peadar Tóibín

Question:

174. Deputy Peadar Tóibín asked the Minister for Justice the amount spent by her Department on public relations in each of the past ten years and to date in 2024, in tabular form. [41774/24]

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Written answers

Minister for Justice

It has not been possible to collate the information requested by the Deputy in the time available.

I will write to the Deputy directly once the information is to hand.