Tuesday, 22 Oct 2024

Written Answers Nos. 494-508

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Citizens Information Services

Questions (494)

Catherine Connolly

Question:

494. Deputy Catherine Connolly asked the Minister for Social Protection further to Parliamentary Question No. 528 of 29 September 2020, if she has had sight of correspondence dated 19 September 2024 concerning the corporate governance of the Citizens Information Service (details supplied); if she is satisfied that the ‘decisions register’ entry for the board meeting of that agency on 19 November 2014 accurately reflects what transpired at the meeting; if she is concerned at the apparent contradiction between what is stated in the decisions register entry and what is stated in the minutes of the board meeting of that date; to confirm the date on which the decisions registry for the Citizens Information Board meeting of 19 November 2014 was made; and if she will make a statement on the matter. [42625/24]

Written answers

Minister for Social Protection

The Citizens Information Board (CIB) is the statutory body, under the aegis of the Department of Social Protection, that is responsible for the provision of information, advice (including money and budgeting advice) and advocacy services on a wide range of public and social services. CIB is governed by a Board of Directors, who are responsible for decisions regarding the structuring of the organisation.

CIB has confirmed to my Department that restructuring of the then 42 Citizens Information Service (CIS) and 51 Money Advice and Budgeting Service (MABS) companies was discussed at the meetings of the CIB Board on 14th October and 19th November 2014.

CIB has clarified to the Department that a decision that change to the structure of these companies was agreed at the meeting of the CIB Board on 14th October 2014 and was re-affirmed at the meeting on 19th November 2014, where it was also recorded in the Registry of Decisions. The Registry of Decisions was drafted subsequent to the Board meeting of 19th November 2014.

In February 2017, following lengthy and extensive analysis and consultation with all stakeholders, CIB adapted a recommendation on a new regional structure of the CIS and MABS companies into 16 regional companies, comprising of eight regional CIS companies and eight regional MABS companies.

This restructuring process was completed in October 2018 and the new companies have been operating effectively since then. CIB continues to support the companies in delivering their important services.

Social Welfare Payments

Questions (495)

Robert Troy

Question:

495. Deputy Robert Troy asked the Minister for Social Protection if a person who has been in receipt of jobseeker's allowance for the past two months, and was previously in receipt of illness benefit for 15 months, will qualify for the October cost-of-living payment, given both are qualifying payments. [42626/24]

Written answers

Minister for Social Protection

A 100% October cost of living payment will be paid to recipients of long term social welfare payments on the same basis as the Christmas Bonus.

Illness Benefit, Jobseeker’s Allowance, Supplementary Welfare Allowance and Daily Expenses Allowance recipients must have been in receipt of an eligible payment for at least 12 months in order to qualify for a Bonus payment.

Customers in receipt of Jobseeker's Allowance who had previously been in receipt of payment on certain other schemes may be entitled to the October or Christmas Bonus where there is a combined total of 312 Claim Paid Days. Time in receipt of Basic Supplementary Welfare Allowance or Daily Expenses Allowance can count. Additionally, time spent on an Employment scheme or Training / Education course such as Community Employment, VTOS or with the Education and Training Board may also be considered when establishing entitlement to the Christmas Bonus. These are the only exceptions that establish entitlement to the October or Christmas bonus.

If the Deputy would like to contact my Department and provide details of specific cases, my officials can look into these cases and provide a more detailed response.

Employment Rights

Questions (496, 497, 498, 499, 500, 501)

Donnchadh Ó Laoghaire

Question:

496. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she accepts that on 2 December 2001, she wrote to the Privileges Committee as follows: ‘in rare and very limited circumstances, and only where agreed by the individual, some appeals involving a number of workers engaged by the same employers, may be determined by a sample of cases’. [42645/24]

Donnchadh Ó Laoghaire

Question:

497. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection , if she accepts that on 5 October 2022 in reply to a Parliamentary Question from Deputy Kerrane, she wrote that her ‘Department is open to taking a ‘sample cases’ approach to determination of insurance classification, using the criteria set out in the Code, in cases involving multiple workers performing the same work for a single employer’; and if she accepts that the approach of having 'test/sample cases' is specifically precluded in the Code of Practice and by law. [42646/24]

Donnchadh Ó Laoghaire

Question:

498. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she accepts that on 2 October 2000, Secretary General Sullivan wrote to PAC Chairperson Jim Mitchell accepting and conceding that her Department was using a 'test case' to label all motorcycle, van and pushbike couriers/delivery drivers as self-employed by group and class. [42647/24]

Donnchadh Ó Laoghaire

Question:

499. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she accepts that on 9 May 2018, the current Secretary General of her Department wrote to PAC Chairman, Deputy Fleming, accepting and conceding that her Department used precedential group and class decisions known as 'test cases' to determine the employment status of groups and classes of workers. [42648/24]

Donnchadh Ó Laoghaire

Question:

500. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she accepts that in March 2019, Minister Doherty accepted and conceded in an interview with a journalist (details supplied) that her Department uses precedential group and class decision to determine the employment status of groups and classes of workers and that her Department is fully aware that this is not in accordance with legislation. [42649/24]

Donnchadh Ó Laoghaire

Question:

501. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection if she accepts that the Oireachtas SW Committee Report (2021) recommends that it is the liability of her Department to rectify the misclassification of workers through the use of unlawful test cases. [42650/24]

Written answers

Minister for Social Protection

I propose to take Questions Nos. 496 to 501, inclusive, together.

The matter of ‘test cases’ for use in determining employment status has been raised on multiple occasions at various Dáil Committees and elsewhere and my Department’s response remains unchanged.

Decisions with respect to insurability of employment decisions are made through the application of criteria agreed with the Social Partners and published in the Code of Practice on Determining Employment Status. These criteria were developed from a review of a number of cases in the 1990s. The examination of these cases, taking account of case law from the courts, allowed the identification of criteria that could be used by Deciding Officers and Appeals Officers when making decisions in relation to the correct class of PRSI applying to a worker’s employment. The objective in doing this was to ensure consistency in decision making, something which I am sure the Deputy will accept is a necessary part of public administration.

These criteria are applied by Deciding Officers in my Department and Appeals Officers in the Social Welfare Appeals Office on each occasion that they assess the PRSI status of a worker’s employment. Employment status decisions are not made by the Department or the Social Welfare Appeals Office without an investigation having been carried out into the actual circumstances of the person's employment with each decision being based on the application of the criteria to those circumstances. Cases where a worker preforming a particular type of occupation is assessed to be either employed or self-employed is not determinative of a decision with respect to the employment of another worker in the same type of occupation.

Separately, the Department is open to taking a ‘sample cases’ approach to determination of insurance classification, using the criteria set out in the Code of Practice for the Determination on Determining Employment Status, in cases involving multiple workers of a single employer. In indicating its openness to this approach, the Department has always stressed that it would only do so where both the employer and the workers concerned agree with the approach and on the basis that each worker can seek, and will always have the option of having, their case determined on an individual basis and will also have the option of appealing any decision on an individual basis.

The Comptroller and Auditor General has examined the Department’s approach to the determination of employment/self-employment on a number of occasions over recent years, most recently in 2022. This examination included reviews of cases which it selected at random and found that cases were determined on their own merits through the application of the criteria set out in the Code of Practice on determining employment status.

I trust this clarifies matters for the Deputy.

Question No. 497 answered with Question No. 496.

Question No. 498 answered with Question No. 496.

Question No. 499 answered with Question No. 496.

Question No. 500 answered with Question No. 496.

Question No. 501 answered with Question No. 496.

Social Welfare Appeals

Questions (502)

Robert Troy

Question:

502. Deputy Robert Troy asked the Minister for Social Protection for an update on a disability allowance review and appeal (details supplied). [42670/24]

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 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 which were not before the Appeals Officer when they made their decision which had they have been, it would have rendered the decision erroneous.

If the named person wishes to request a review of the Appeals Officer’s decision under Section 317 of the Social Welfare (Consolidation) Act 2005, they must specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.

I trust this clarifies the matter for the Deputy.

Departmental Budgets

Questions (503)

John McGuinness

Question:

503. Deputy John McGuinness asked the Minister for Social Protection if an invalidity pension will be approved for a person (details supplied); and if a positive decision will be expedited. [42692/24]

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.

My Department received a claim for IP for the person concerned on 8 January 2024. Her claim was refused on 23 January 2024 on the grounds that she is not medically suitable for the scheme. Upon request, the decision was referred to the Social Welfare Appeals Office and an Appeals Officer allowed her appeal on 4 October 2024.

While the individual concerned is now medically suitable for IP, she must also meet all other qualifying conditions for this payment. A deciding officer (DO) wrote to her on 10 October 2024 asking her to provide a letter from her accountant or from Revenue confirming the date any self-employment that she may have been engaged in ceased. The DO also sought clarity on certain categories of PRSI contributions on her social insurance record which relate to self-employment. To date, the DO has not received this information. Upon receipt of same, the IP claim will be finalised and the DO will be in direct contact with the person in question with a decision on her claim.

I hope this clarifies the position for the Deputy.

Departmental Budgets

Questions (504)

Paul McAuliffe

Question:

504. Deputy Paul McAuliffe asked the Minister for Social Protection the estimated cost of including people who qualify under class M (pensioners) under the treatment benefit scheme. [42700/24]

Written answers

Minister for Social Protection

The PRSI system plays a fundamental and supportive role in our society. For the PRSI contributions they make, employees and self-employed workers receive benefits for time spent out of employment during periods of unemployment, illness, or maternity, for example, and upon retirement from the workforce.

People with a 'nil' PRSI contribution liability are recorded as Class M. These are:

• employees under age 16,

• people of pensionable age (66 years and over) who were previously liable for Class S,

• persons in receipt of occupational pensions (on that portion of their overall income only),

• Class K contributors with nil PRSI liability as their income is below the threshold of over €5,200 per year.

Class M entitles a person, in certain cases, to occupational injuries benefits only. There are on average approximately 450,000 people recorded with a Class M contribution every year. Some of these persons will also have PRSI contributions at other classes based on other types of income.

The treatment benefit scheme provides certain dental, optical, and medical appliances benefits to insured workers, the self-employed and retired people who have the required number of relevant PRSI contributions.

A person whose social insurance record consists solely of Class M contributions is not eligible for treatment benefit. However, it is possible to qualify on the basis of being an eligible person’s dependent spouse or partner.

It should also be noted that:• A person with Class M contributions may have other incomes that are liable to a different PRSI classification (for example Classes A or S) which may entitle them to treatment benefit. • If a person qualifies for the scheme between the ages 60–65 inclusive, they keep their entitlement to the scheme for life.

The treatment benefit scheme is available to over 2.5 million contributors who pay PRSI contributions. The expenditure for this scheme in 2022 was some €128 million. Extending the scheme to persons whose social insurance records consist solely of Class M contributions would increase the expenditure substantially, without any income being received from such individuals. It is not possible to provide an accurate estimate of the extent of the additional cost without detailed analysis, including taking account of the fact that some persons with Class M contributions also have other classes of contributions that entitle them to treatment benefit.

Any change to the treatment benefit scheme would have to be considered in a budgetary context, taking account of the current economic circumstances and with a view to the sustainability of the Social Insurance Fund.

I trust this clarifies the matter for the Deputy.

Departmental Projects

Questions (505)

Jim O'Callaghan

Question:

505. Deputy Jim O'Callaghan asked the Minister for Social Protection if she will provide the details of costings provided to the Department of Public Expenditure, National Development Plan Delivery and Reform, in the context of the National Development Plan 2021-2030 review conducted earlier this year; and to provide a breakdown of each project and its projected cost in each of the years 2025 to 2030. [42724/24]

Written answers

Minister for Social Protection

The National Development Plan capital allocation for my Department is primarily used to deliver additional IT modernisation and carry out refurbishments on the Department’s buildings.

The Department did not provide costings to the Department of Public Expenditure, National Development Plan Delivery and Reform in the context of the National Development Plan 2021-2030 Review conducted earlier this year.

Social Welfare Payments

Questions (506)

John McGuinness

Question:

506. Deputy John McGuinness asked the Minister for Social Protection if an application for the State pension non-contributory, now under review for a person (details supplied) will be expedited and approved; and if the further information submitted offering clarity on farm income will be examined as soon as possible [42733/24]

Written answers

Minister for Social Protection

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. For the purposes of the means test, cash income, including income from employment, foreign pensions, the value of any property (excluding a person’s own home), and the value of any savings and investments which a person or their spouse, civil partner or cohabitant holds, are assessable.

A recent review of the person’s state pension non-contributory was completed on 26 September 2024. When calculating their entitlement, the Deciding Officer has included the income from the person's farm in the assessment of means, as the person concerned is the registered owner of the farm.

It was determined that their weekly means exceeded the permissible statutory weekly limit of €292.50, and their payment was terminated.

The person concerned was notified of this decision on 26 September 2024, together with the reasons for the decision and their right, if dissatisfied with the decision, to request a review of the decision, or to appeal the decision to the Social Welfare Appeals Office.

Should there be a change in the person’s circumstances, it is open for them to seek a review of their entitlement at that time.

I trust this clarifies the matter for the Deputy.

Departmental Staff

Questions (507)

Pauline Tully

Question:

507. Deputy Pauline Tully asked the Minister for Social Protection the number of staff working in the social welfare appeals office; the grades of these staff members; and the average time taken for a social welfare appeal to be concluded. [42743/24]

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 the current number of staff working in that office is 83 (full time equivalents). This is broken down in the table below:

Posts	Total (Full-time Equivalent)
Chief Appeals Officer	1
Deputy Chief Appeals Office	2
Head of the Decisions Advisory Office	1
Appeals Officer	42.2
H.E.O	3
E.O	11.4
C.O	19.4
T.C.O	1
Overall total:	83

Significant efforts and resources have been devoted to reforming the appeal process in recent years.

Further improvements in appeals processing times are a priority for the Chief Appeals Officer. A significant Appeals Modernisation Project is currently underway the goal of which is to streamline and enhance the end-to-end appeals process for the customer, the Social Welfare Appeals Office and business areas across the Department.

As part of this project a new IT system went live on the 6th November 2023. The new system has significantly reduced the time taken to register and acknowledge appeals lodged with the Appeals Office and in time will reduce the overall average processing times. Additional staff were assigned to the office as part of the project to assist with the preparation for and transition to the new IT system and the establishment of new procedures.

The current average processing times for an appeal to be concluded are 17.6 weeks with a Summary Decision and 29.2 weeks with an Oral Hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Questions (508)

Brendan Griffin

Question:

508. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for a carer’s support grant by a person in County Kerry (details supplied); and if she will make a statement on the matter. [42745/24]

Written answers

Minister for Social Protection

I confirm that my Department received an application for the Carer’s Support Grant (CSG) from the person concerned on the 7th October 2024.

The person was awarded standalone CSG for the year 2023 in the amount of €1,850 as well as the 2023 cost-of-living payment in the amount of €400. CSG in the amount of €1,850 was also awarded for 2024 with their Carer's Allowance claim. Payment of €4,100 will be paid to the person's nominated bank account shortly. Notification of this decision issued to the person concerned on 16 October, 2024.

I hope this clarifies the position for the Deputy.

• Written Answers Nos. 479-493
• Written Answers Nos. 509-523