Thursday, 17 Oct 2024

Social Welfare Appeals

Questions (225)

Willie O'Dea

Question:

225. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made in respect of a carer's allowance appeal (details supplied); and if she will make a statement on the matter. [42121/24]

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Written answers

Minister for Social Protection

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 Appeals Officer, having fully considered all of the available evidence, decided to disallow the Carer's Allowance appeal of the person concerned on 16th April 2024.

Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts.

On 29th May 2024, further information was received pertaining to the appellant and as a result a Section 317 Review of the appeal officer's decision was opened on 16th August 2024. Once a decision is made on this Section 317 review, the named person will be notified in writing.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (226)

Pauline Tully

Question:

226. Deputy Pauline Tully asked the Minister for Social Protection if those in receipt of illness benefit, occupational injuries benefit, disablement pension or incapacity supplement will receive the €400 cost-of-living lump sum payment for disabled people; and if not, the reason those receiving this payment are not deemed eligible. [42143/24]

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Written answers

Minister for Social Protection

A once-off payment of €400 per person to people in receipt of long-term illness and disability payments (disability allowance, blind pension and invalidity pension) will be paid in November 2024. Payments under the occupational injuries benefit scheme, including disablement benefit, do not qualify for this once-off €400 disability lump sum payment. Under the occupational injuries benefit scheme, there are no limits to the amount that recipients can earn from work, or they may already be in receipt of a supplement on an ongoing basis in the form of incapacity supplement. Disablement Benefit (if in payment at the full rate) remains €31 per week more than blind pension or disability allowance and €25.50 per week more than invalidity pension. Recipients of disablement benefit are also eligible to work while in payment and to apply for incapacity supplement, if not working.

Persons in receipt of illness benefit remain ineligible for the once-off disability lump sum payment. Illness benefit is a short-term payment for those who are certified by their GP as needing to take time out from their employment. Most recipients of illness benefit still have an attachment to the labour force and there is an expectation that they will return to work. Long-term illness benefit recipients who are permanently incapable of work, or are restricted in undertaking work may be eligible for invalidity pension or disability allowance (subject to satisfying the qualification conditions for those schemes).

A 100% October bonus will be paid this year to recipients of long-term social welfare payments on the same basis as the Christmas bonus, which will be paid in early December. Over 1.38 million people will benefit, including pensioners, people with disabilities, carers, lone parents and the long-term unemployed. Recipients of disablement benefit and incapacity supplement will receive the October bonus and the Christmas bonus, which will provide 100% increases in the weekly rate of payment for recipients. Persons in receipt of illness benefit for longer than 12 months will also receive the October bonus, in line with Christmas bonus arrangements.

Disablement benefit has been disregarded from the means test for fuel allowance since 2023. In November 2024, households getting the fuel allowance will receive a €300 lump sum payment.

Persons in receipt of incapacity supplement are also eligible for the living alone allowance and, subsequently, the living alone allowance lump sum payment of €200 in November 2024. They are also eligible for a range of other supports including free travel (if in payment for 12 months or more) and the household benefits package.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (227)

Paul Kehoe

Question:

227. Deputy Paul Kehoe asked the Minister for Social Protection the length of time a domiciliary care application by a person (details supplied) has been pending; when a decision will issue; the efforts that are being made to reduce the waiting time; and if she will make a statement on the matter. [42144/24]

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Written answers

Minister for Social Protection

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 30th January 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 have been received in the Social Welfare Appeals Office on 2nd July 2024.

The appeal by the person concerned was referred to an Appeals Officer on 8th July 2024, who having fully considered all of the available evidence, has decided to allow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.

Significant efforts and resources have been devoted to improvements in the appeal process in recent years. There is active engagement between the Appeals Office and my Department to ensure that the appeals process operates efficiently. Improvements in appeals processing times are a priority for the Chief Appeals Officer.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Questions (228)

Paul Kehoe

Question:

228. Deputy Paul Kehoe asked the Minister for Social Protection the length of time the carer’s allowance application for a person (details supplied) has been pending; how much longer before they can expect a decision; the efforts being made to reduce the waiting time; and if she will make a statement on the matter. [42158/24]

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Written answers

Minister for Social Protection

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 4th 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 have been received in the Social Welfare Appeals Office on 11th June 2024 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.

Significant efforts and resources have been devoted to improvements in the appeal process in recent years. There is active engagement between the Appeals Office and the Department to ensure that the appeals process operates efficiently so that the appeal file is provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer. The desire to process appeals quickly has to be balanced with the competing demand to ensure that decisions are consistent and of high quality and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice. Improvements in appeals processing times are a priority for the Chief Appeals Officer.

An Appeals Modernisation Project is currently underway. The key features of the project are:

(1) introduce a new IT system for more efficient end to end processing of appeals. This system went live in November 2023.

(2) Provide and online service for appellants to make their appeals via the MyWelfare platform. This function went live in August 2024.

(3) Business process improvements within the appeals office to improve customer service and processing times. A number of initiatives are currently underway in this regard

In 2023 the average time taken to process an appeal was 16.0 weeks (14.9 weeks in 2022). The average processing time for an appeal dealt with summarily in 2023 was 17.6 weeks (15 weeks in 2022). The average processing time for an appeal that included an oral hearing was 29.2 weeks (26 weeks in 2022).

As part of this project a new IT system went live on the 6th November 2023. A new online service for appellants became available in August 2024 and a number of internal initiatives are being undertake under the direction of the Chief Appeals Officer to improve ways of working within the Social Welfare Appeals Office.

Already the modernisation project has contributed to a reduction in the time taken to register and acknowledge appeals lodged with the Appeals Office and this, in time, will also reduce the overall processing times for appeals.

There is active engagement between the Appeals Office and my Department to ensure that the appeals process operates as efficiently as possible and that where the Deciding Officer's decision is not revised in favour of the appellant that the appeal file papers are provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (229)

Frankie Feighan

Question:

229. Deputy Frankie Feighan asked the Minister for Social Protection the status of an application by a person from County Leitrim (details supplied) for a farm assist payment; and if she will make a statement on the matter. [42183/24]

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Written answers

Minister for Social Protection

The person concerned applied for a Farm Assist payment in September 2024. As this is a means-tested payment, his application was referred to a Social Welfare Inspector to prepare a report on his circumstances. As soon as this report is available, a decision on his entitlement will be made and he will be notified of the outcome without delay.

In the interim, if the person concerned is experiencing financial difficulty he may apply for Supplementary Welfare Allowance which is a means tested payment based on household income.

Social Welfare Rates

Questions (230)

Jim O'Callaghan

Question:

230. Deputy Jim O'Callaghan asked the Minister for Social Protection to provide a table detailing the rate of all welfare payments in the years 2019 to 2024, and any increases due in 2025; the total increase in this period; the percentage change in payments in those years; and if she will make a statement on the matter. [42202/24]

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Written answers

Minister for Social Protection

There have been increases to the core social welfare rates in the last four budgets. As part of Budget 2025, I secured a package of €2.6 billion for Social Protection measures. This represented the largest Budget package for the Department of Social Protection in the history of the State and included a €12 increase to core social welfare rates.

The table below outlines social welfare rates for the years 2019 to 2025. Also included in the table is the total increase to each rate between 2019 and 2025 as well as the percentage increase over the same period. All rates are weekly unless otherwise stated.

Scheme	2019 Rate	2020 Rate	2021 Rate	2022 Rate	2023 Rate	2024 Rate	2025 Rate	Total Increase 2019 - 2025	% Increase 2019 – 2025
State Pension Non-contributory	€237	€237	€237	€242	€254	€266	€278	€41	17.3%
State Pension Contributory	€248.30	€248.30	€248.30	€253.30	€265.30	€277.30	€289.30	€41	16.5%
Widow’s, Widower’s or Surviving Civil Partner’s Contributory Pension (under 66)	€208.50	€208.50	€208.50	€213.50	€225.50	€237.50	€249.50	€41	19.7%
Widow’s, Widower’s or Surviving Civil Partner’s Contributory Pension (over 66)	€248.30	€248.30	€248.30	€253.30	€265.30	€277.30	€289.30	€41	16.5%
Jobseeker’s Benefit	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Jobseeker’s Allowance	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
One-Parent Family Payment	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Widow’s, Widower’s or Surviving Civil Partner’s Non-contributory Pension and Deserted Wife’s Allowance	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Basic Supplementary Welfare Allowance	€201	€201	€201	€206	€218	€230	€242	€41	20.4%
Farm Assist	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Deserted Wife’s Benefit (under 66)	€208.50	€208.50	€208.50	€213.50	€225.50	€237.50	€249.50	€41	19.7%
Deserted Wife’s Benefit (over 66)	€248.30	€248.30	€248.30	€253.30	€265.30	€277.30	€289.30	€41	16.5%
Maternity Benefit, Paternity Benefit, Adoptive Benefit and Parent’s Benefit	€245	€245	€245	€250	€262	€274	€289	€44	18%
Health and Safety Benefit	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Illness Benefit	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Invalidity Pension	€208.50	€208.50	€208.50	€213.50	€225.50	€237.50	€249.50	€41	19.7%
Disability Allowance	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Blind Pension	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Carer’s Allowance (under 66)	€219	€219	€219	€224	€236	€248	€260	€41	18.7%
Carer’s Allowance (over 66)	€257	€257	€257	€262	€274	€286	€298	€41	16.0%
Carer’s Benefit	€220	€220	€220	€225	€237	€249	€261	€41	18.6%
Carer’s Support Grant	€1,700 annually	€1,700 annually	€1,850 annually	€1,850 annually	€1,850 annually	€1,850 annually	€2,000 annually	€300 annually	17.6%
Domiciliary Care Allowance	€309.50 per month	€309.50 per month	€309.50 per month	€309.50 per month	€330 per month	€340 per month	€360 per month	€50.50 per month	16.3%
Injury Benefit	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Disablement Benefit	€234	€234	€234	€239	€251	€263	€275	€41	17.5%
Incapacity Supplement (65 or under)	€203	€203	€203	€208	€220	€232	€244	€41	20.2%
Incapacity Supplement (66 or over)	€222.30	€222.30	€222.30	€227.30	€239.30	€251.30	€263.30	€41	18.4%
Death Benefit
Pension for widow, widower, or surviving civil partner age 65 or under	€233.50	€233.50	€233.50	€238.50	€250.50	€262.50	€274.50	€41	17.6%
Pension for widow, widower, or surviving civil partner age 66 to 79	€252.70	€252.70	€252.70	€257.70	€269.70	€281.70	€293.70	€41	16.2%
Pension for widow, widower, or surviving civil partner age 80 or over	€252.70	€252.70	€252.70	€267.70	€279.70	€291.70	€303.70	€51	20.2%
Child Benefit	€140 per month	€140 per month	€140 per month	€140 per month	€140 per month	€140 per month	€140 per month	No change	No change
Guardian’s Payment Contributory	€186	€186	€186	€191	€203	€215	€227	€41	22%

I trust this clarifies the matter for the Deputy.

State Pensions

Questions (231)

Jim O'Callaghan

Question:

231. Deputy Jim O'Callaghan asked the Minister for Social Protection the cost of benchmarking the State Pension at 34% of average earnings; and if she will make a statement on the matter. [42203/24]

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Written answers

Minister for Social Protection

Based on only the most recent earnings figures released by the CSO, the provisional Q2 value, average earnings (excluding irregular earnings and overtime) is €875.36, and 34% of that figure is €297.62.

To meet this figure in 2025, when the 2025 State Pension (Contributory) rate will be €289.30, an increase of €8.30 on the current rate of State Pension (Contributory) would be required (rounded to the nearest 10 cent).

The full-year cost of an increase of €8.30 in the State Pension (Contributory) only is €241.79 million.

To meet this figure in 2025, when the 2025 State Pension (Non Contributory) rate will be €278, an increase of €19.60 on the current rate of State Pension (Non Contributory) would be required (rounded to the nearest 10 cent).

The full-year cost of a €19.60 increase in only the State pension non contributory scheme is €102.19 million.

The above costings include a proportionate increase for qualified adults and for those on reduced rates of payment, where relevant.

It should be noted that these costings are subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2025. The approach outlined here is not the same as the smoothed earnings approached used by my Department as an input to the Budget process, which takes both inflation and earnings into account. Nor do the costings provided cover potential costings for increases in non-pension weekly payments.

Departmental Reviews

Questions (232)

Jim O'Callaghan

Question:

232. Deputy Jim O'Callaghan asked the Minister for Social Protection the status of the broad review her Department is undertaking of means testing; if any findings, provisional or otherwise, can be made available; and if she will make a statement on the matter. [42204/24]

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Written answers

Minister for Social Protection

Means tests and income thresholds are kept under regular review and a number of significant changes have been made in recent years. In particular, I have introduced a number of changes to means testing which provide for higher income disregards. These disregards ensure that, where people are in receipt of a social assistance payment and are working, a certain level of income from that work is not assessed in the means test.

I initiated a review of means testing in the Department. The Department has over 90 schemes and a significant number are means tested schemes, each with their own means test.

The purpose of the review of means testing is to look at the different means tested schemes and to identify any issues in terms of the application of their respective means test. This is complex and detailed work but the review is currently being finalised and will be presented to me shortly.

While the review is being finalised some of the initial findings of the review did inform my thinking in the context of the social welfare Budget package. That is why I once again increased the income disregards for single people to €625 per week and couples to €1,250 per week for the Carer’s Allowance.

I also was keen to address the issue of the amount disregarded when a recipient of non-contributory State Pension, Blind Pension or Disability Allowance sells their home and moves into care. The income disregard is currently €190,500 and I am glad that as part of Budget 2025 I was able to increase this to €337,500 to reflect the current average cost of a house in Ireland.

Means testing is complex and detailed analysis has to be undertaken to accurately estimate the impact from an inflow and cost perspective of any potential changes.

The Department keeps means tests under regular review and there have been significant changes across a range of schemes in this area in recent years. I am determined that the Means Review will therefore inform future decisions in this regard.

Social Welfare Benefits

Questions (233)

Jim O'Callaghan

Question:

233. Deputy Jim O'Callaghan asked the Minister for Social Protection the cost of allowing those who are carers and in receipt of a full carer’s allowance retain the full carer’s allowance; the full State pension when they reach State pension age; and if she will make a statement on the matter. [42205/24]

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Written answers

Minister for Social Protection

The Irish social welfare system is underpinned by a general principle of one person, one payment. Normally people qualifying for two social welfare payments only receive the higher payment for which they are eligible. However, there are a limited number of exceptions where a person may receive another payment.

One such exception is half-rate Carer’s Allowance. Introduced in 2007, this arrangement allows people in receipt of particular social welfare payments, who are providing full-time care and attention, to retain their main payment and receive another payment, depending on their means, the maximum of which is equivalent to a half-rate Carer’s Allowance. Therefore, a person who may have an underlying entitlement to another social welfare payment, can transfer to that payment and continue to receive up to a half-rate Carer’s Allowance payment. This arrangement is legislated for and applies to almost all weekly social welfare payments and to people in receipt of qualified adult allowances.

Recipients of Jobseeker’s Allowance or Benefit are not eligible given the job seeking nature of these payments. However, a person may be a qualified adult on these payments and receive a half-rate Carer’s Allowance.

At the end of September, there were 97,366 recipients of Carer's Allowance. Of these, 45,918 people were in receipt of a half-rate payment, of whom some 15,949 are in receipt of a State Pension. This means that these recipients, including pensioners, are already receiving a full weekly social welfare payment on another scheme in addition to another weekly social welfare payment called the half rate carer’s allowance payment.

The estimated additional annual additional cost of paying a full-rate Carer’s Allowance to the 15,947 people who are currently in receipt of a half-rate carer's allowance payment and the State Pension would be some €118.6m.

This calculation is based on the current full rate Carer’s Allowance of €286 for those aged 66 and over and caring for one person. It does not take account of the increased rate of €429 for those aged 66 and over caring for two or more people.

It is important to note that these costings are estimates based on current administrative data. They take no account of year-on-year increases in terms of recipients or increases in rates of payment.

The provision of two full social welfare payments for pensioners, as proposed, would have implications for overall spending and as such could only be considered in an overall policy and Budgetary context.

I trust that this clarifies the issue for the Deputy.

Social Welfare Eligibility

Questions (234)

Jim O'Callaghan

Question:

234. Deputy Jim O'Callaghan asked the Minister for Social Protection for an update on deliberations being undertaken by her Department following a landmark judgment by the Supreme Court in relation to entitlement to the widow's pension, including preparations for legislative changes; and if she will make a statement on the matter. [42206/24]

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Written answers

Minister for Social Protection

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.

As the Deputy is aware, on 22nd January, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.

In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.

In June, I obtained Government approval for the priority drafting of the legislative changes required to respond to the Supreme Court decision. The General Scheme of a Bill was referred to the Office of Parliamentary Counsel for priority drafting and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report on the 26th July.

My officials are continuing to work closely with the Office of Parliamentary Counsel to finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that is done.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (235)

Jim O'Callaghan

Question:

235. Deputy Jim O'Callaghan asked the Minister for Social Protection the cost of giving the telephone support allowance to all those entitled to the household benefits package; and if she will make a statement on the matter. [42207/24]

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Written answers

Minister for Social Protection

The Telephone Support Allowance is a weekly payment of €2.50 for people on certain social welfare payments who are also getting both the Living Alone Increase and the Fuel Allowance. The primary objective of the Telephone Support Allowance is to allow the most vulnerable people at risk of isolation, including the elderly and those with disabilities, access to personal alarms or phones for security. Approximately 156,000 customers are in receipt of the Telephone Support Allowance payment. The full year cost of the scheme in 2024 is estimated at €20.9 million.

If the measure outlined by the Deputy was introduced in 2025, it is estimated that there will be an average of 163,000 recipients of the Telephone Support Allowance and an estimated average of 540,000 recipients of the Household Benefits Package. Out of the 540,000 estimated Household Benefit recipients 163,000 will already have access to the Telephone Support Allowance; therefore it is estimated 377,000 households would benefit from the measure. Based on a yearly rate of Telephone Support Allowance of €130, the estimated yearly cost of the measure is €49 million.

Yearly Rate of Telephone Support Allowance	Estimated Number of Beneficiaries	Estimated additional yearly Cost of Measure
€130	377,000	€49 million

All proposals, including any proposals to expand the qualifying criteria for the Telephone Support Allowance could only be considered while taking account of overall Government policy and in a budgetary context.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (236)

Jim O'Callaghan

Question:

236. Deputy Jim O'Callaghan asked the Minister for Social Protection the cost in 2025 of increasing the qualified child increase in each age category by €5; €10; €15 and €20; and if she will make a statement on the matter. [42208/24]

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Written answers

Minister for Social Protection

The full year cost of increasing the Qualified Child Increase, now called the Child Support Payment, in each age category by €5, €10, €15 and €20 is as follows:

Rate Increase	Cost € million
€5	€77.3
€10	€154.6
€15	€231.9
€20	€309.2

The costs shown above are on a full year basis and are based on the estimated number of recipients in 2024. It should be noted that these costings are subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2025.

Social Welfare Benefits

Questions (237)

Jim O'Callaghan

Question:

237. Deputy Jim O'Callaghan asked the Minister for Social Protection to provide details on any work carried out by her Department on the reform of disability payments; details of any proposals that have been submitted to her for her consideration; her plans for same; and if she will make a statement on the matter. [42210/24]

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Written answers

Minister for Social Protection

I published the Green Paper on Disability Reform in September last year. The Green Paper sought to reform my Department's system of disability payments to better target supports.

The Green Paper was a consultation document. Feedback from the public consultation raised concerns about its proposals. In particular, people questioned whether it was appropriate to reform the system of disability payments and employment supports separate to a wider consultation on other challenges faced by people with disabilities, including housing, transport, health and education.

I listened to these concerns, and in April I announced that I would not proceed any further with the Green Paper proposals.

The Taoiseach has established a Cabinet Committee on Children and Education and Disability. Any reform of disability payments will now be considered as part of this broader review of disability matters on a whole-of-Government basis. Officials in my Department are currently analysing the feedback collated during the Green Paper process. This feedback will be shared with the Committee.

It must also be noted that the Department of Children, Equality, Disability, Integration and Youth is co-ordinating the development of a new National Disability Strategy with a whole-of-Government approach. My Department has been actively involved in the development of this new strategy.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (238)

Robert Troy

Question:

238. Deputy Robert Troy asked the Minister for Social Protection to expedite an application for invalidity pension (details supplied). [42217/24]

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Written answers

Minister for Social Protection

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.

The person concerned has been awarded IP with effect from 5 September 2024 and will receive first payment to her nominated bank account on 24 October 2024. Any arrears due for the period 5 September 2024 to 23 October 2024 will issue shortly after first payment date. The person referred to was notified of this decision on 15 October 2024.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (239, 243)

Claire Kerrane

Question:

239. Deputy Claire Kerrane asked the Minister for Social Protection if she has examined the extension of illness benefit to the self-employed, given that they have no access to income support when they become ill; and if she will make a statement on the matter. [42239/24]

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Seán Canney

Question:

243. Deputy Seán Canney asked the Minister for Social Protection if she will consider introducing illness benefit for self-employed people to help if they are sick and unable to work; and if she will make a statement on the matter. [42290/24]

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Written answers

Minister for Social Protection

I propose to take Questions Nos. 239 and 243 together.

Illness benefit is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance.

Eligibility for illness benefit depends on the person’s PRSI record and class. The person must have made the required number of contributions under class A, E, H or P to qualify. In general, self-employed people make PRSI contributions at Class S which does not provide entitlement to illness benefit.

Self-employed people pay contributions to the Social Insurance Fund at a lower rate of 4.1%. This is 11.15 percentage points lower than the combined employer and employee contribution of 15.25% made in respect of employed contributors. However, self-employed contributors do have access to over 90% of benefits available to employed contributors including;

• Adoptive Benefit;

• Guardian's Payment (Contributory);

• Invalidity Pension;

• Jobseeker's Benefit (Self-Employed);

• Maternity Benefit;

• Parent's Benefit;

• Partial Capacity Benefit (where in receipt of Invalidity Pension);

• Paternity Benefit;

• State Pension (Contributory);

• Treatment Benefit; and

• Widows, Widower's or Surviving Civil Partner's (Contributory) Pension.

In addition, I was pleased to announce in the Budget that entitlement to carer's benefit will be extended to Class S contributors from the beginning of 2025.

There, the only benefits that class S PRSI does not currently provide access to are health and safety benefit, illness benefit and occupational injuries benefits.

In circumstances where people are ill but do not qualify for illness benefit or invalidity pension, my Department provides means tested supports under the disability allowance scheme and the supplementary welfare allowance scheme. An additional needs payment may also be available to people who have expenses that they cannot pay from their weekly income.

My Department will continue to keep its range of supports under review to ensure that they meet their overall objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context, and in the context of social insurance contribution rates for self-employed contributors.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (240)

Denis Naughten

Question:

240. Deputy Denis Naughten asked the Minister for Social Protection if she will extend illness benefit to self-employed people with chronic or terminal illnesses; and if she will make a statement on the matter. [42245/24]

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Written answers

Minister for Social Protection

Illness benefit is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance. Eligibility for illness benefit is generally not dependent on the type of illness but on medical certification and the person’s PRSI record and class. The person must have made the required number of contributions under class A, E, H or P to qualify. In general, self-employed people make PRSI contributions at Class S which does not provide entitlement to illness benefit.

Self-employed people pay contributions to the Social Insurance Fund at a lower rate of 4.1%. This is 11.15 percentage points lower than the combined employer and employee contribution of 15.25% made in respect of employed contributors. However, self-employed contributors do have access to over 90% of benefits available to employed contributors including;

• Adoptive Benefit;

• Guardian's Payment (Contributory);

• Invalidity Pension;

• Jobseeker's Benefit (Self-Employed);

• Maternity Benefit;

• Parent's Benefit;

• Partial Capacity Benefit (where in receipt of Invalidity Pension);

• Paternity Benefit;

• State Pension (Contributory);

• Treatment Benefit; and

• Widows, Widower's or Surviving Civil Partner's (Contributory) Pension.

In addition, I was pleased to announce in the Budget that entitlement to carer's benefit will be extended to Class S contributors from the beginning of 2025.

As a result, the only benefits that class S PRSI will not provide access to are health and safety benefit, illness benefit and occupational injuries benefits.

The Deputy's question refers to persons who are chronically or terminally ill. The two main long-term disability income support payments provided by my Department are invalidity pension and disability allowance.

Invalidity pension is a social insurance scheme paid from the Social Insurance Fund. Eligibility is based on PRSI contributions (including Class S contributions paid by self-employed persons) and medical condition. To qualify, the person must have been incapable of work for at least 12 months and be likely to be incapable of work for at least another 12 months or must be permanently incapable of work. In the case of terminal illness, this is considered permanent. If the person has the required contributions, they should get a letter from their doctor confirming that it is a terminal condition.

Disability allowance 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 residence conditions.

People who are ill but do not qualify for other illness or disability schemes may apply for means tested supports through the additional needs payment under the supplementary welfare allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

My Department will continue to keep its range of supports under review to ensure that they meet their overall objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context, and in the context of social insurance contribution rates for self-employed contributors.

I trust this clarifies the matter for the Deputy.

Social Enterprise Sector

Questions (241)

Carol Nolan

Question:

241. Deputy Carol Nolan asked the Minister for Social Protection to provide details of all social enterprise organisations or bodies funded by her Department in each year from 2021 to date in 2024; the amount allocated in funding to each during this time period; and if she will make a statement on the matter. [42279/24]

View answer

Written answers

Minister for Social Protection

As per the definition of a social enterprise in the Department of Rural and Community Development’s publication Trading for Impact, the National Social Enterprise Strategy 2024 - 2027 - 'a social enterprise is defined as an enterprise whose objective is to achieve a social or environmental impact, rather than maximising profit for its owners or shareholders. It pursues its objectives by trading on an ongoing basis through the provision of goods and/or services, and by reinvesting surpluses fully or primarily into achieving social objectives. It is governed in a fully accountable and transparent manner and is independent of the public sector. If dissolved, it should transfer its assets to another organisation with a similar mission.'

The following payments which were made to the organisations below during the period in question:

YEAR

Name Of Organisations

Amount Allocated in Funding

2021

Young Social Innovators

Rehab - (Forms Distribution Service)

Irish Hospice Foundation – (Research

into the economics of bereavement)

Vincentian MESL Research Centre

€31,500

€90,743

€29,000

€80,000

2022

Young Social Innovators

Rehab - (Forms Distribution Service)

Vincentian MESL Research Centre

€36,500

€101,739

€130,000

2023

Young Social Innovators

Rehab - (Forms Distribution Service)

Vincentian MESL Research Centre

€36,500

€112,710

€170,000

2024 – To Date

Young Social Innovators

Rehab - (Forms Distribution Service)

Vincentian MESL Research Centre

€32,850

€80,422

€85,000

As part of the UN International Day for the Eradication of Poverty (17th October) my Department has made payments to the following bodies in the years in question:

2021

Aster Family Support	€2,315.55
ATD Ireland	€2,761.86
Blanchardstown CIL	€1,396.00
Bridgeways FRC	€1,750.00
Citywise	€3,000.00
Clonmany CRC	€3,000.00
Doras Buí	€2,840.86
Kidsown Publishing	€3,000.00
Lus na Greine	€2,799.56
Northside FRC	€3,000.00
October 17 Committee (ATD Ireland)	€2,960.83
Portlaoise FRC	€2,199.01
Saol Project	€3,000.00
SICCDA	€1,479.13
Tullamore FRC	€2,410.00

2022

Aster Family Support	€2,649.51
ATD Ireland	€2,770.00
Barnardo's	€3,000.00
Blanchardstown Centre for Independent Living	€1,607.37
Citywise Education	€3,000.00
Disability Federation Ireland	€3,000.00
Doras Buí	€2,984.86
Irish 17th October Committee	€3,000.00
Kids Own Publishing	€2,250.00
Lus na Greine	€3,000.00
Offaly Traveller Movement	€3,000.00
SAOL Project	€3,000.00
SICCDA	€990.00
St. Michael's Family Resource Centre	€500.00
Tullamore FRC	€2,460.00
Westport FRC	€2,010.00
Yola Hedgeschool	€3,000.00

2023

17 October Committee	€3,000.00
Age Action Ireland	€2,800.00
ATD Ireland	€2,950.00
Athlone FRC	€3,000.00
Barnardo's	€2,975.30
Blanchardstown Centre for Independent Living	€1,878.03
Citywise Education	€3,000.00
Connect/Footsteps	€2,669.80
Dillons Cross Project/Cork ETB	€1,765.50
Doras Bui	€2,969.52
Kids Own Publishing	€3,000.00
Lus na Greine	€3,000.00
Offaly Traveller Movement	€3,000.00
SICCDA	€1,982.23
Tullamore FRC	€2,900.00
WCP Mullingar	€3,000.00

2024

Aster Family support	€1,237.23
ATD Ireland	€2,340.00
BCIL	€1,422.70
Citywise Education	€2,700.00
Clara FRC	€2,700.00
Clara FRC	€2,700.00
Foodcloud	€2,700.00
Irish 17 Oct Committee	€2,700.00
Lus na Greine	€2,700.00
National Women's Council of Ireland	€2,700.00
Tullamore FRC	€1,604.70
Women's Community Projects Mullingar	€2,700.00

Social Welfare Eligibility

Questions (242)

Paul Kehoe

Question:

242. Deputy Paul Kehoe asked the Minister for Social Protection the rationale as to why a woman with three children and who is a widow, cannot receive illness benefit when she is entitled to it; and if she will make a statement on the matter. [42289/24]

View answer

Written answers

Minister for Social Protection

Illness benefit is the primary short term income support provided by my Department to those who are unable to work due to illness of any type and who are covered by social insurance. Eligibility for illness benefit depends on the person’s PRSI record and class. People must have made the required number of contributions under PRSI classes A, E, H or P to qualify.

Widow’s/widower’s/surviving civil partner’s pension (contributory) is a weekly social insurance payment to those who have lost their spouse or civil partner and are covered by social insurance.

There is a general principle of one person, one payment, which applies across the social welfare system. Given the contingency-based nature of this system, it can happen that a person may experience more than one contingency at the same time but, generally, they can receive only one payment. This principle is common to social security systems across the world. Illness benefit and the widow’s/widower’s/surviving civil partner’s pension (contributory) are, generally, not payable concurrently.

However, if a customer is getting a reduced rate of widow’s/widower’s/surviving civil partner’s pension (contributory), they may also get a reduced rate of illness benefit, so that the combined amount of both payments is not greater than the maximum rate of illness benefit to which they would otherwise be entitled. Further exceptions to the one person, one payment rule and more information on the operations of the schemes are available at gov.ie.

With regard to additional supports, my Department also provides an additional needs payment under the supplementary welfare allowance scheme to help meet essential expenditure which a person could not reasonably be expected to meet out of their weekly income. This includes certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

My Department will continue to keep its range of supports under review to ensure that they meet their overall objectives. Any changes to the current system would need to be considered in an overall policy and budgetary context, and in the context of social insurance contribution rates and the overall sustainability of the Social Insurance Fund.

I trust that clarifies the matter for the Deputy.

Question No. 243 answered with Question No. 239.

Social Welfare Appeals

Questions (244)

Bernard Durkan

Question:

244. Deputy Bernard J. Durkan asked the Minister for Social Protection whether an appeal to disallow invalidity pension appeal in the case of a person (details supplied) will be reviewed given it appears the appeals officer erred in fact due to the extent of medical evidence supplied, wherein it was clearly indicated that the appellant’s case was well based and that any doubt as to whether the condition would last for a year or more can only be verified by reference to the same expert medical evidence; and if she will make a statement on the matter. [42329/24]

View answer

Written answers

Minister for Social Protection

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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.

Under law (Section 320 of the Social Welfare (Consolidation) Act 2005), an Appeals Officer’s decision is generally final and conclusive and can only be revised in certain limited circumstances:

(i) by an Appeals Officer under Section 317 of the Social Welfare (Consolidation) Act 2005 where new facts or evidence have been provided which were not before the Appeals Officer when he made his decision which, had they been before him, would have rendered the decision erroneous;

(ii) by the Chief Appeals Officer under Section 318 of the Social Welfare (Consolidation) Act 2005 where it has been established that in making the decision the Appeals Officer has made a mistake in relation to the law or the facts; or

(iii) by an appeal to the High Court on any question of law in accordance with Section 327 of the Social Welfare (Consolidation) Act 2005.

If the named person wishes to request a review of the Appeals Officer’s decision under (i) above they must specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.

If they wish to request a Section 318 review of the Appeals Officer’s decision as outlined in (ii) above they must specify on what grounds they believe that the Appeals Officer made an error of fact or law in reaching their decision.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (245)

Bernard Durkan

Question:

245. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when a one parent family payment might be issued in the case of a person (details supplied); and if she will make a statement on the matter. [42331/24]

View answer

Written answers

Minister for Social Protection

The person concerned submitted a Jobseekers Transition application on 20/09/2024.

As the person is self-employed the Department has been in contact with her requesting her Revenue Self Assessment for 2023. To date she has been unable to supply this and the case has been assigned to a Social Welfare Inspector to establish if means from self employment need to be assessed.

My Department will monitor this application to ensure it is followed up as quickly as possible.

Once the Inspector completes their investigations, a decision will issue on the pending JST claim.

If the person concerned is experiencing financial difficulty, they may apply for Supplementary Welfare Allowance which is a means tested payment on household income.

Social Welfare Eligibility

Questions (246)

Bernard Durkan

Question:

246. Deputy Bernard J. Durkan asked the Minister for Social Protection the current position in regard to a request and subsequent review of entitlement to an exceptional needs payment in the case of a person (details supplied); and if she will make a statement on the matter. [42335/24]

View answer

Written answers

Minister for Social Protection

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. The ANP scheme is means tested and administered by Designated Persons (DPs) in the Community Welfare Service, taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. Guaranteed payment of an ANP cannot be taken as an automatic entitlement.

According to the records of the Department, the persons concerned applied for an ANP to assist with the cost of furnishing their new home. This claim was disallowed on the basis that the persons had sufficient means available to them in the form of savings to cover the expenses from their own resources. A letter advising the persons concerned of this outcome and affording them the opportunity to seek a review of the decision issued to them on 14/09/2024.

Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, Exceptional Needs Payments and Urgent Needs Payments, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.

Following your Parliamentary Question, a SWA Reviewing Officer reviewed the claim and considering the circumstances of the case, upheld the original decision made by the DP, on the basis that at the date of their application, the persons concerned had sufficient means available to them to cover the expenses from their own resources. Correspondence issued to the persons concerned on 10/10/2024 advising them of the outcome of the review.

If the person concerned feels that they have been treated unfairly, they have the right of recourse to contact The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773, Telephone number: 01-639 5600 / 1890 22 30 30, Email: ombudsman@ombudsman.gov.ie.

State Pensions

Questions (247)

Bernard Durkan

Question:

247. Deputy Bernard J. Durkan asked the Minister for Social Protection if all contributions and employments have been taken into account in the application for and subsequent refusal of contributory pension in the case of a person (details supplied); and if she will make a statement on the matter. [42337/24]

View answer

Written answers

Minister for Social Protection

The person concerned reached pension age on 28 November 2023. An application for state pension (contributory) was received from them on 11 August 2023.

To qualify for state pension (contributory), a total of 520 paid reckonable contributions are required which is equivalent to 10 years contributions. As the person concerned had a total of 61 reckonable contributions which were recorded in 2018 and 2019, they did not satisfy the eligibility criteria for state pension (contributory).

Schedule 1, Part 2, Section 1 of the Social Welfare (Consolidation) Act 2005 lists a number of employments which are excepted from the definition of employment for the purposes of social insurance coverage. Spouses of self-employed contributors are specifically one category excepted from PRSI liability in respect of their working activity with their spouse. Family members who work together are generally not insurable under the Social Welfare Acts. Other relatives, such as sons, daughters and grandchildren, are also usually exempted.

However, depending on the nature of the employment relationship, there are some circumstances where such employments are insurable. For spouses, there is scope within the provisions of social welfare legislation to enable spouses who are partners in an enterprise, or who work together in a legally incorporated business, to be insurable and to accrue entitlement to certain benefits and pensions.

From the information provided to officials in my Department by the person concerned and their spouse, the person concerned was exempted from PRSI liability in respect of their working activity with their spouse and, therefore, reckonable contributions were not attributed for the period of this working activity. If the person concerned considers they were in partnership with their spouse, rather than an employee, it is open to them to request a review by my Department to determine the correct insurability of their employment.

The person concerned also applied for the means-tested state pension (non-contributory) and a Qualified Adult Increase on their spouse's State Pension (contributory). Further information regarding their means was requested. As the information was not provided, the applications were disallowed. If the person concerned is now in a position to provide the requested information, it is open to them to submit it to my Department and their applications will be reviewed.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (248)

Bernard Durkan

Question:

248. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when favourable consideration might be given to an application for jobseeker’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [42345/24]

View answer

Written answers

Minister for Social Protection

Jobseeker's Allowance (JA) is a means-tested payment made to people who are unemployed and who do not qualify for Jobseeker's Benefit or Jobseeker’s Benefit for the Self-Employed. Amongst other qualifying criteria, a person must be capable of and available for full-time work.

According to the records of my Department, the Deputy emailed the person’s JA application to my Department on 11/10/2024. Unfortunately, only a partial application was received by email. The partial application was registered on the same day and, as officials in the Maynooth Branch Office were unable to contact the person concerned by phone, they issued correspondence to her requesting the following documentation ;

• A fully completed UP1 form (application for Jobseekers Assistance or Benefit)

• A completed UP1b form (application for JA means test)

• Bank Statements for all financial accounts held by both the customer and spouse/partner, if applicable

In addition, as the person concerned is under 25 years of age and living with a parent/s, they have been asked to provide information and documentation in relation to their parents income.

On receipt of the requested information, the application will then be assessed promptly, and they will be advised of the outcome in writing.

Information about my department’s schemes, including qualifying conditions, is available at www.gov.ie.

I trust this clarifies the matter for the Deputy.