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Gnáthamharc

Tuesday, 18 Jun 2024

Written Answers Nos. 203-218

Legislative Measures

Ceisteanna (210)

Seán Haughey

Ceist:

210. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage when the marine protected areas Bill will be published; the reasons for the delay in publishing this promised legislation; the parts of the Bill which are considered problematic from a technical and legal point of view; if these problems are likely to be resolved in the near future; if he would like for the Committee stage of the Bill to be taken before the Dáil summer recess; and if he will make a statement on the matter. [26233/24]

Amharc ar fhreagra

Freagraí scríofa

Substantial progress has been made on drafting the Marine Protected Areas Bill. However, some issues require further consideration.

It is my intention to resolve these issues and bring the Bill to Government for publication as soon as possible.

International Protection

Ceisteanna (211)

Carol Nolan

Ceist:

211. Deputy Carol Nolan asked the Minister for Social Protection if beneficiaries of temporary protection have been means-tested as part of the carer's allowance application process during the period March 2022 to date; and if she will make a statement on the matter. [25943/24]

Amharc ar fhreagra

Freagraí scríofa

Carer's Allowance is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

In determining entitlement to social welfare payments for Beneficiaries of Temporary Protection, Deciding Officers make decisions in a fair and impartial manner and in accordance with the legislative provisions for the relevant scheme.

Persons covered by the Temporary Protection Directive are deemed to have satisfied the Habitual Residence Condition which is a requirement under the CA qualification criteria. Beneficiaries of Temporary Protection, excluding those residing in Designated Accommodation Centres, are entitled to apply for any social welfare payment appropriate to their circumstances, subject to all the conditionality of the scheme, including a means test. These conditions have applied to all applicants of Carer's Allowance during the period outlined.

I trust this clarifies the matter for the Deputy.

International Protection

Ceisteanna (212)

Carol Nolan

Ceist:

212. Deputy Carol Nolan asked the Minister for Social Protection if international protection applicants, both those employed and unemployed, have been means-tested as part of the carer's allowance application process during the period 2019 to date; and if she will make a statement on the matter. [25944/24]

Amharc ar fhreagra

Freagraí scríofa

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

My Department administers the Daily Expenses Allowance which is paid to protection applicants who reside in, or are waiting for, accommodation provided by the International Protection Accommodation Services. They do not qualify for social welfare payments that are subject to the Habitual Residence Condition (HRC), including Carer's Allowance.

In the case of people who have been granted protection, they have the right to live and work in Ireland on the same basis as an Irish citizen. They are entitled to apply for social welfare payments appropriate to their circumstances and are subject to all the qualifying conditionality of that scheme.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (213)

Paul Kehoe

Ceist:

213. Deputy Paul Kehoe asked the Minister for Social Protection to provide an update on an application for carer's allowance (details supplied); when a decision will be made; and if she will make a statement on the matter. [25951/24]

Amharc ar fhreagra

Freagraí scríofa

Carer's Allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for CA was received from the person concerned on 23 October 2023. A request for information issued to the customer on 27 October 2023. This information was received on 7 November 2023.

It is a condition for receipt of a CA that the person being cared for must have such a disability that as a result they require full-time care and attention. This is defined as requiring from another person, continual supervision, and frequent assistance throughout the day in connection with normal bodily functions or continual supervision to avoid danger to him or herself and likely to require that level of care for at least twelve months. The time spent providing care each week must not be less than 35 hours per week over 5-7 days.

The case was referred to a Social Welfare Inspector (SWI) to confirm that all conditions for receipt of CA were satisfied. Following an interview, the SWI reported that they were not satisfied that full-time care of more than 35 hours per week was being provided.

The CA claim was disallowed and the person concerned was notified on 07 February 2024 of this decision, the reason for it and of the right of review and appeal.

The person concerned requested a review of this decision on 04 March 2024. Following this review, the decision remained unchanged. The person concerned was notified of this and of their right to review/appeal on 22 March 2024.

Following receipt of further information, an additional review was processed and the decision remained unchanged. The person concerned was notified of this on 04 June 2024 and of their right to review/appeal.

The Department was notified that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). The file was sent to the SWAO for determination on 11 June 2024. The person concerned will be notified directly of the outcome of the appeal by the SWAO in due course.

I hope this clarifies the position for the Deputy.

Social Welfare Schemes

Ceisteanna (214)

Verona Murphy

Ceist:

214. Deputy Verona Murphy asked the Minister for Social Protection if a person who holds a free travel pass can travel free of charge on a ferry (details supplied); and if she will make a statement on the matter. [25952/24]

Amharc ar fhreagra

Freagraí scríofa

The Free Travel scheme is available to people over 66 years and to people in receipt of certain social welfare payments who are under 66 years. From 29th July 2024, Free Travel is also available to persons who are medically certified as unfit to drive for a period of at least 12 months. Free Travel recipients must be permanently resident in the State.

The scheme permits travel for free on most CIE public transport services, Luas, Local Link and over 80 private bus and ferry transport operators. Free Travel is also available on cross border journeys, and within Northern Ireland, for those over age 66.

The car ferry, to which the Deputy refers, recently commenced accepting Free Travel for pedestrian passengers, effective from 1st June 2024. Travel by private car, including the cost of a car on a ferry crossing, is not covered under the Free Travel scheme.

Below is a list of all Ferry Operators in my Department’s Free Travel scheme:

County

Company Name

Routes

Clare

Doolinferry.com

Inishmore - Doolin and Inisheer - Doolin

Clare

Baid Farantoireachta An Chosta Teoranta

Inishmore - Doolin and Inisheer - Doolin

Cork

Bere Island Ferries Ltd

Castletownbere-Bere Island (all year round)

Cork

Camp Roaringwater

Heir Island - Cunnamore (Mon-Sun)

Cork

Carbery Island Ferries aka Sherkin Island Ferries

Baltimore to Sherkin Island

Cork

Murphy’s Ferry Service

Castletownbere (Pontoon Pier) -Bere Island (all year round)

Cork

Thar Tonn Teo T/A An Cailin Oir

Balltimore-Crookhaven-Cape Clear (May - Sept)

Cork

Thar Tonn Teo T/A An Cailin Oir

Schull to Cape Clear ( June July and Aug )

Cork

Whiddy Island Ferry

Bantry to Whiddy island ( All year round )

Donegal

Cara na nOilean Teo

Burtonport-Arranmore Island

Donegal

Sli Mara Thoraí Teo

Magherooarty-Tory Island

Donegal

Realt na Maidne Teo

Burtonport Pier to Aranmore Pier.

Donegal

Realt na Maidne Teo

Magheroarty to Tory Island

Donegal

Toraigh Fast Ferry

Magheroarty to Tory Island

Galway

Inishbofin Island Discovery Ltd

Cleggan to Inishbofin Island

Galway

Inishbofin Freight

Cleggan to Inishbofin Island

Galway

Island Ferries Teo

Between Rossaveal and Aran Islands

Galway

Island Ferries Teo

Tourist Office in Galway to Rossaveal

Mayo

Clare Island Ferry & Clew Bay Cruises Ltd

Clare Island-Roonagh Quay

Mayo

Clare Island Ferry & Clew Bay Cruises Ltd

Clare Island- Inishturk Island

Mayo

O'Malley Ferries (Clare Island) Ltd

Clare Island- Roonagh Pier

Mayo

O'Malley Ferries (Clare Island) Ltd

Roonagh Pier to Inishturk

Mayo

Belmullet Boat Charters

Inishkea Island Ferry to the Inishkea Islands

Waterford

Passage East Ferry Company

Passage East Ferry linking Passage East, Co. Waterford and Ballyhack, Co. Wexford. Free Travel for pedestrians only.

I trust this clarifies the matters for the Deputy.

Social Welfare Eligibility

Ceisteanna (215)

James Lawless

Ceist:

215. Deputy James Lawless asked the Minister for Social Protection if the case of a rejected disability allowance application for a person (details supplied) will be examined; and if she will make a statement on the matter. [25968/24]

Amharc ar fhreagra

Freagraí scríofa

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

I confirm that my Department received an application for DA from the person concerned on 11 March 2024. Based on the evidence supplied with the person’s application, her DA was disallowed on the grounds that the medical qualifying condition was not satisfied.

The person concerned was notified of the decision in writing via correspondence dated 16 May 2024 and advised of their entitlement to request a review and/or to appeal the decision to the Social Welfare Appeals Office (SWAO).

On foot of further medical evidence submitted on 11 June 2024 by the Deputy on behalf of the person concerned, a review of the decision was undertaken. Following an examination of these medical reports, the original decision was upheld. The person concerned was notified of the decision and advised of their entitlement to request a review and/or to appeal the decision on 12 June 2024.

I can confirm that a request for an appeal was sent to the SWAO on 11 June 2024. The person concerned will be notified directly of the outcome of the appeal by the SWAO in due course.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (216)

Robert Troy

Ceist:

216. Deputy Robert Troy asked the Minister for Social Protection when a person (details supplied) can expect a decision on their social welfare appeal. [25984/24]

Amharc ar fhreagra

Freagraí scríofa

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 30 May 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. The Appeals Office has requested these papers from the State Pension Non- Contributory Section as a priority.

Once these papers are received in the Social Welfare Appeals Office the case will be referred to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (217)

Marian Harkin

Ceist:

217. Deputy Marian Harkin asked the Minister for Social Protection if carers contributions/credits can be combined with paid contributions from employment in order that a person can qualify for the State pension (contributory); and if she will make a statement on the matter. [26005/24]

Amharc ar fhreagra

Freagraí scríofa

This Government acknowledges the important role that carers, play and is fully committed to supporting them in that role. Accordingly, once a person has met the minimum requirement of 520 paid contributions, the current State Pension (Contributory) system provides measures including PRSI credits, Homemaking Disregards and HomeCaring Periods to recognise caring periods of up to 20 years outside of paid employment in the calculation of a payment rate.

Despite these measures, some long-term carers of incapacitated dependents may still face barriers in accessing the State Pension (Contributory). They may, for example, have difficulty establishing the minimum number of 520 paid contributions.

I was very pleased that legislation to give effect to a number of important State Pension reforms was enacted last December. An key measure introduced under this legislation is enhanced State Pension provision for people who have been caring for incapacitated dependents for over 20 years.

Since January 2024, long-term carers contributions can be awarded to a person who has cared for an incapacitated person for a period of 20 years (1040 weeks) and these contributions can be used towards the calculation of their State Pension (Contributory) entitlement. This is done by attributing the equivalent of a paid contribution to long-term carers of incapacitated dependents to cover gaps in their contribution record. These long-term carers contributions will be treated the same as paid contributions for State Pension (Contributory) entitlement only and can, where there are gaps in paid contributions, be used to satisfy the minimum 520 qualifying contributions condition.

Where a person reaches State Pension age and does not satisfy the conditions to qualify for a State Pension (Contributory) or qualifies for less than the maximum rate, they may instead qualify for one of the following:

The State Pension (Non-Contributory) which is a means-tested payment (based on their share of household means) with a maximum payment of 95% of the State Pension (Contributory); or

An increase for a qualified adult (based on their own means), amounting up to 90% of a full rate State Pension (Contributory) where their spouse has a contributory pension; or

Where their spouse/civil partner is deceased, a widow’s/widower’s/civil partner’s contributory pension, which they may claim either based on their spouse’s or their own social insurance record. The qualifying conditions for this require fewer contributions paid (260) than the State Pension (Contributory) and the current maximum personal rate for those aged 66 or over is €277.30, i.e., the same as the maximum rate of the State Pension (Contributory), with allowances (notably the Living Alone Allowance) payable where applicable.

I hope this clarifies the matter for the Deputy.

Public Services Card

Ceisteanna (218)

Paul Murphy

Ceist:

218. Deputy Paul Murphy asked the Minister for Social Protection if she is aware of the barriers created by the fact that not a single PSC office in County Dublin opens outside of Monday to Friday, 9am-5pm or takes appointments; if she will review the issues this is causing to access for people; and if she will make a statement on the matter. [26013/24]

Amharc ar fhreagra

Freagraí scríofa

The SAFE (Standard Authentication Framework Environment) Registration process, which my Department uses to authenticate a person's identity, is currently a face- to-face process which results in the issuing of a Public Services Card (PSC).

In order to ensure maximum use of SAFE registration capacity, a combination of walk-in services and appointment services is available across the network of Intreo/SAFE offices, which remain open during lunch time hours. Information on the PSC service in each Intreo/SAFE Centres can be found on gov.ie - PSC/SAFE Registration Centres (www.gov.ie ).

My Department has an online service which allows customers with verified MyGovID accounts to renew their public service cards online at www.MyWelfare.ie . My Department is also at an advanced stage of introducing an online SAFE Registration service, to allow an individual to SAFE register at a time that best suits them using their smart phone. The new service will provide a user-friendly, secure, online alternative to complement the existing in-person SAFE Registration service. The service will be available to persons aged sixteen and over, who hold an Irish passport and who have an address on the island of Ireland.

I trust this clarifies the matter for the Deputy.

Roinn