Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 9 Jul 2024

Written Answers Nos. 475-491

Social Welfare Eligibility

Ceisteanna (475)

Gary Gannon

Ceist:

475. Deputy Gary Gannon asked the Minister for Social Protection the reason those on illness benefit are not entitled to the fuel allowance payment. [29323/24]

Amharc ar fhreagra

Freagraí scríofa

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €382 million in 2024. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

The Fuel Allowance is paid to social welfare recipients such as pensioners, people with disabilities, lone parents and the long-term unemployed in recognition of their long-term financial dependence on their social welfare payment for all or most of their income.

Illness Benefit is not a qualifying payment for Fuel Allowance, as in the vast majority of cases, Illness Benefit is a short-term payment for those who are certified by their GP as needing to take time out from their employment due to illness.

This means there is a constant daily churn in terms of Illness Benefit recipients as people take time off/return to work. In addition, in many cases Illness Benefit is paid directly to the employer where sick pay is paid. 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 may be eligible for Invalidity Pension (subject to satisfying the relevant medical criteria and social insurance contributions). Those who are substantially restricted in undertaking suitable employment arising from a medical condition may be eligible for the means-tested Disability Allowance (subject to the relevant medical criteria). Recipients of both of these payments are eligible for Fuel Allowance, subject to fulfilling all other qualifying criteria.

People on long-term payments are unlikely to have additional resources of their own and are more vulnerable to poverty, including energy poverty. It is for this reason that the Department allocates additional payments, supports and resources to help this cohort of claimants.

Any further widening of the qualifying criteria for accessing the fuel allowance scheme can only be considered while taking account of the overall policy and budgetary situation.

My Department does provide Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have essential expenses, which they cannot meet from their own resources. Additional Needs Payments, where appropriate, can be paid to people who face difficulties in meeting fuel bills. Additional Needs Payments are not restricted to the fuel season and can be paid throughout the year.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (476)

Gary Gannon

Ceist:

476. Deputy Gary Gannon asked the Minister for Social Protection what happens to unclaimed child benefit payments for children under six months of age; and if there is a provision for these funds to be allocated to the child in some way if the carer does not apply or is not eligible for the benefit. [29324/24]

Amharc ar fhreagra

Freagraí scríofa

Child Benefit is a monthly payment to the parents or guardians of children under 16 years of age. Child Benefit can also be claimed for children aged 16, 17 and 18 if they are in full-time education or full-time training or have a disability and cannot support themselves.

Child Benefit was paid to 652,000 families in respect of 1.2 million children at a cost of €2.4 billion in 2023.

Child Benefit must be claimed by the qualified person within 12 months of the commencement of entitlement.

Claims can be backdated for a period greater than 12 months if the Deciding Officer is satisfied that there was good cause for the delay in making the claim.

There is no provision for Child Benefit payments to be allocated to the child in the event where a claim from the qualified person has not been made.

I trust this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (477)

Gary Gannon

Ceist:

477. Deputy Gary Gannon asked the Minister for Social Protection if a provision is in place for widowers who become eligible for free travel to also receive a free pass for a travelling companion, similar to the arrangement for widows; and if not, the rationale behind this discrepancy. [29325/24]

Amharc ar fhreagra

Freagraí scríofa

The Free Travel scheme provides free travel on the main public and private transport services for those eligible under the scheme. There are over one million customers with direct eligibility. This increases to 1.75 million customers when spouses and companions are included. The estimated expenditure on free travel in 2024 is €104 million.

A widow, widower or a surviving civil partner aged 60 or over, living in Ireland, can avail of a Free Travel pass, where they are in receipt of a qualifying payment and their late spouse or civil partner had a Free Travel pass.

The companion type travel pass is available for people who are assessed as unfit to travel alone and need to be accompanied by a companion, while satisfying the other conditions of the scheme.

There is no discrepancy in respect of a widow or widower: both applicants are treated the same and eligibility is based on their specific personal circumstances, irrespective of gender.

I trust this clarifies the matter for the Deputy.

School Meals Programme

Ceisteanna (478)

Gary Gannon

Ceist:

478. Deputy Gary Gannon asked the Minister for Social Protection to provide an update on the evaluation process for school meals programmes; the measures taken to address issues such as waste and inconsistency in implementation across different locations; and if there are plans to improve the overall effectiveness of these programmes. [29327/24]

Amharc ar fhreagra

Freagraí scríofa

The objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The programme is an important component of policies to encourage school attendance and extra educational achievement. Following the expansion of the programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.

In March 2023, I published an independent evaluation of the School Meals Programme which sets out the positive impact the Programme is having in terms of children’s education and wellbeing. The key finding was an overwhelming consensus among all participants in the evaluation that the Programme is effective.

Taking account of the remaining recommendations of the evaluation, my Department is working to ensure that the Programme can operate and grow in a way that ensures standards are maintained, governance is robust, and that best use is being made of resources. This is being led by my Department in consultation with other stakeholders such as the Department of Education, Department of Health, Department of Children, Equality, Disability, Integration and Youth and other relevant agencies, for example the Food Safety Authority of Ireland.

Funding under the programme is for food only, which must be of suitable quality and nutritional value, and prepared and consumed in an appropriate environment. All schools who wish to avail of funding are responsible for choosing their supplier on the open market in a fair and transparent manner in accordance with public procurement rules and the primary relationship is between school and supplier.

Under tender documentation as stipulated by the Schools Procurement’s Unit, the school meal supplier is responsible for operating policies which progressively addresses environmental considerations such as waste and packaging. The method and logistics of supplying the meals is decided by the school. In addition, under tender documentation as stipulated by the Schools Procurement’s Unit, the school is committed to the principles of environmental management in its activities, and it encourages the implementation of sustainability principles in its procurement practices and that the supplier should make all reasonable efforts to minimise adverse environmental impact in the methods of services delivery and in materials used.

My Department provides funding directly to schools to enable them to source and provide meals that meet the Healthy Ireland Nutritional Standards for Hot School Meals which were developed by a working group led by the Health and Wellbeing Programme, in consultation with Safefood and the Healthy Eating and Active Living Programme in the Health Service Executive.

Responsibility for sourcing the meals is a matter for the Board of Management of each school, but to secure funding they must first agree to apply the standards set out by signing a Service Level Agreement which clearly sets out the school’s responsibilities and obligations in terms of Nutritional Standards. Funding is not provided to schools who do not commit to this undertaking and can be withdrawn if they do not adhere to the standards set out.

My Department monitors adherence to the standards including through site visits. Under the existing audit process, some 400 schools are inspected annually by my Department. Officials of my Department also carry out ad hoc desk assessments and follows up on any issues that may be raised.

I trust this clarifies the matter for the Deputy.

Tax Credits

Ceisteanna (479)

Niamh Smyth

Ceist:

479. Deputy Niamh Smyth asked the Minister for Social Protection the reason that a person lost 52 Class S contributions due to the fact of having one week of Class A employment. [29357/24]

Amharc ar fhreagra

Freagraí scríofa

If a self-employed contributor with earned income (for example from a business or trade) paying class S PRSI has additional work in the same year for which a class A PRSI contribution(s) is payable there is no effect on the class S contributions, and they remain on the person's insurance record.

In relation to unearned income (for example income from rents or investments), under provisions of the Social Welfare and Pensions Act 2013, which came into effect on 1 January 2014, PRSI contributions became liable by certain insurably employed contributors on their unearned income, subject to the unearned income reaching the chargeable person threshold of €5,000 per annum set by the Revenue Commissioners. This contribution, recorded as PRSI class K, does not provide entitlement to any social insurance benefits.

If an individual has solely unearned income and they do not have income from insurable employment in the same year then PRSI class S is charged under self-assessment, as long as the threshold of €5,000 per annum is reached.

If the Deputy has additional detail on the case she refers to, my Department is happy to examine the matter to ensure the correct rate of PRSI is being applied for the person concerned.

I trust this clarifies the matter for the Deputy.

Widow's Pension

Ceisteanna (480)

Alan Kelly

Ceist:

480. Deputy Alan Kelly asked the Minister for Social Protection when she will introduce legislation for cohabiting couples to give them access to the widow’s pension, following the Supreme Court judgment on a case (details supplied). [29366/24]

Amharc ar fhreagra

Freagraí scríofa

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.On Monday 22nd January, the Supreme Court delivered its judgment in relation to the entitlement of an unmarried cohabitant to a Widow's, Widower's 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.

My officials, in conjunction with the Office of the Attorney General have been considering the measures necessary to respond to the Supreme Court judgment. The judgment raised a number of complex issues, and my officials have been developing the draft legislative changes that are required to implement the decision.

On 18th 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 has been referred to the Office of Parliamentary Counsel for priority drafting, and the General Scheme is now in the process of going through Pre-legislative Scrutiny with the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands.

My officials in the Department of Social Protection will now work closely with the Office of Parliamentary Counsel to finalise this legislation and I intend to introduce the legislation to Oireachtas as soon as possible.

I trust this clarifies the matter for the Deputy.

Departmental Expenditure

Ceisteanna (481)

Catherine Murphy

Ceist:

481. Deputy Catherine Murphy asked the Minister for Social Protection the amount her Department has paid each external security company to provide security personnel at Intreo offices to date in 2024; and the contract with each security company due to expire, in tabular form. [29390/24]

Amharc ar fhreagra

Freagraí scríofa

The Department of Social Protection has paid €2,456,697 for external security in 2024. These payments were made to the Department's sole external security provider, SARS. The contract with SARS is due to expire on 30 September 2024 and a public procurement process is in progress for a new contract.

Environmental Schemes

Ceisteanna (482)

Seán Canney

Ceist:

482. Deputy Seán Canney asked the Minister for Social Protection if she will consider including the ECO scheme in the list of payments from farm environmental schemes which have disregards in terms of social protection payments such as farm assist, as the current list includes now-defunct environmental schemes; if she agrees that the rationale for the disregard is to ensure that people on lower incomes are not punished financially for taking part in environmental schemes such as the ECO scheme; and if she will make a statement on the matter. [29506/24]

Amharc ar fhreagra

Freagraí scríofa

Farm Assist is a statutory means-tested income support specifically for farmers on low incomes. There are just over 3,700 claims in payment at present. The Government has provided €50.93 million for the scheme in 2024.

I have introduced a number of improvements to the means test for Farm Assist in recent years.

Under the Farm Assist means test, income from a range of agri-environmental schemes attract a disregard of €5,000, with 50% of the balance assessed as means. The amount disregarded was increased from €2,540, with effect from January 2023.

These schemes have an environmental focus and in the context of the Government's climate change agenda, the disregard for income received from them aims to incentivise farmers to participate in them, and results in a more beneficial means assessment for those customers who have income from these schemes.

Further to the commitment in the Programme for Government and in the Rural Development Policy 2021-2025, my Department reviewed the means assessment disregards for Farm Assist in 2021. One of the key recommendations of the report was to provide for an expansion to the list if agri-environmental schemes that qualify for a disregard. I added an additional 19 schemes to the list from June 2022, and a further 4 schemes from April 2023.

I am committed to working with my colleague, the Minister for Agriculture, Food and the Marine, to identify any additional schemes contained in Ireland's CAP Strategic Plan 2023-2027 that could be considered for inclusion in the list of agri-environmental schemes which attract a disregard for Farm Assist.

The Department of Agriculture, Food and the Marine has advised that the ECO scheme is not considered an agri-environmental scheme and is considered to be a payment under the Direct Payment System. Such payments do not attract the disregard that applies to income from agri-environmental schemes but are included as farm income and assessed at 70%. A disregard of 30% is applied under this assessment.

I trust this clarifies the position for the Deputy.

Departmental Data

Ceisteanna (483)

Donnchadh Ó Laoghaire

Ceist:

483. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the average, median, maximum and minimum number of recipients for the carers support grant in 2022, 2023 and 2024. [29551/24]

Amharc ar fhreagra

Freagraí scríofa

The Carer’s Support Grant (CSG) is paid to people in receipt of Carer’s Allowance, Carer’s Benefit or Domiciliary Care Allowance. Other people who are not in receipt of a social welfare payment but who are providing full time care and attention may also be eligible and can apply for the grant. The payment is made regardless of the carer's means but is subject to certain conditions, one of which is that the period of full-time care and attention must last for at least six months. For the purpose of approving this grant, this period of care must include the first Thursday in June.

The CSG is currently payable at a rate of €1,850.

Please find below the number of recipients of the Carer's Support Grant for the years 2022, 2023 and 2024 (to date).

Year

Number of recipients

2022

123,963

2023

129,702

2024 (end of June 2024)

132,870

I trust this clarifies the position for the Deputy.

Immigration Policy

Ceisteanna (484)

Cian O'Callaghan

Ceist:

484. Deputy Cian O'Callaghan asked the Minister for Social Protection on foot of the new rules for Ukrainians living in State accommodation, what steps are being taken to address current waiting times for emergency social welfare and social welfare appeals in order to ensure that the approximately 27,000 people who are affected will not be exposed to extreme hardship when the changes come into effect; and if she will make a statement on the matter. [29571/24]

Amharc ar fhreagra

Freagraí scríofa

To ensure Ireland’s approach to supporting people covered by the Temporary Protection Directive is sustainable, equitable and in line with that of our European Union partners, the Government agreed in May 2024 that Beneficiaries of Temporary Protection in state-provided serviced accommodation, where food and utilities are provided, should receive the same level of payment regardless of when they arrived.

Officials from my Department and from the Department for Children, Equality, Disability, Integration and Youth are liaising on the operational arrangements to give effect to this change.

State Pensions

Ceisteanna (485)

Pauline Tully

Ceist:

485. Deputy Pauline Tully asked the Minister for Social Protection the reason a person (details supplied) has been refused the State pension (contributory) having paid sufficient PRSI contributions; if the person is being denied a pension as a result of Revenue Commissioners’ related issues; if so, the legislation under which the person is being denied same; and if she will make a statement on the matter. [29624/24]

Amharc ar fhreagra

Freagraí scríofa

Following a review, the person concerned has been awarded State Pension (contributory) from the date they reached pension age.

The first payment including any arrears due will issue to their nominated account on Friday 12 July 2024.

Social Welfare Appeals

Ceisteanna (486)

Bernard Durkan

Ceist:

486. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of a review of an application for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [29626/24]

Amharc ar fhreagra

Freagraí scríofa

Domiciliary Care Allowance is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially over and above the level of care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.

Eligibility for Domiciliary Care Allowance (DCA) is not based entirely on the child's disability but primarily on the impact of the disability/diagnosis, in terms of the associated care and attention required by the relevant child, compared to the age appropriate level. For the purpose of DCA, it must be established in the decision and assessment process, that the level of care and attention required by the child meets the threshold outlined in legislation for eligibility for DCA, that is: continual or continuous care and attention substantially in excess of that normally required by a child of a similar age, who does not have such a disability/diagnosis.

An application for DCA in respect of their child was received by my Department from the person concerned on 27 March 2024.

A deciding officer disallowed their application as per decision dated 2 May 2024. Based on the information provided, their child was not considered to satisfy the conditions for DCA. This determination also considered the supporting documentary evidence that was provided by the person concerned in their application. The deciding officer had regard to the professional opinion of a departmental Medical Assessor (MA) in making their decision and a copy of that medical opinion was issued to the applicant for information, along with the above original decision notification.

The person concerned requested a review of the above decision and provided further new information/evidence for consideration. As part of the review process, their application, including the further new (medical) evidence and information provided, was referred for the further opinion of a departmental MA. Following receipt of the MA response, a further review was completed by a deciding officer. Further to that review, following a re-examination of their application, including the further new (medical ) evidence that was provided by the applicant in support of their review request, a deciding officer decided not to revise the above original decision, as per review decision dated 1 July 2024. The person concerned was notified of that review decision in writing on 1 July 2024 and a copy of the further MA opinion (dated 17 June 2024 ), was also enclosed with the review decision notification for their information.

The person concerned appealed the Department's decision to the Social Welfare Appeals Office (SWAO) and their file was submitted to that office on 2 July 2024 for determination by an Appeals Officer. The SWAO will notify the applicant directly of the appeal outcome in due course.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Ceisteanna (487)

Bernard Durkan

Ceist:

487. Deputy Bernard J. Durkan asked the Minister for Social Protection to indicate the progress to date in the determination of an appeal for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [29627/24]

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 5 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 were received in the Social Welfare Appeals Office on 2 July 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.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (488)

Robert Troy

Ceist:

488. Deputy Robert Troy asked the Minister for Social Protection if she will expedite a disability allowance appeal on behalf of a person (details supplied). [29631/24]

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 19 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 were received in the Social Welfare Appeals Office on 31 January 2024.

The case was referred to an Appeals Officer on 5 February 2024. I am advised that the Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.

I trust this clarifies the matter for the Deputy.

Pension Provisions

Ceisteanna (489)

Mark Ward

Ceist:

489. Deputy Mark Ward asked the Minister for Social Protection if there will be any changes to the pension (non-contributory) received by Ukrainian refugees who arrived in Ireland before March 2024; and if she will make a statement on the matter. [29632/24]

Amharc ar fhreagra

Freagraí scríofa

Following the introduction of legislation in March 2024, newly arriving Beneficiaries of Temporary Protection from Ukraine who seek State-provided accommodation are accommodated in Designated Accommodation Centres for a maximum of 90 days, and are provided with food, laundry and other services and integration supports. They are entitled to a weekly payment of €38.80 per adult and €29.80 per child, as long as they remain in these Designated Accommodation Centres.

On the 14th May 2024, to ensure Ireland’s approach to supporting people covered by the Temporary Protection Directive is sustainable, equitable and in line with that of our European Union partners, the Government agreed that Beneficiaries of Temporary Protection in state-provided serviced accommodation, where food and utilities are provided, should receive the same level of payment regardless of when they arrived.

Officials from my Department and from the Department for Children, Equality, Disability, Integration and Youth are liaising on the operational arrangements to give effect to this change. Notice will be provided to the people affected.

This change will apply to beneficiaries of Temporary Protection in designated fully serviced accommodation in receipt of any of the Department's social assistance schemes, including the State Pension (Non-Contributory).

Ukraine War

Ceisteanna (490)

Mark Ward

Ceist:

490. Deputy Mark Ward asked the Minister for Social Protection if there will be any changes to the social welfare supports received by Ukrainian refugees who arrived in Ireland before March 2024; and if she will make a statement on the matter. [29634/24]

Amharc ar fhreagra

Freagraí scríofa

Following the introduction of legislation in March 2024, newly arriving Beneficiaries of Temporary Protection from Ukraine who seek State-provided accommodation are accommodated in Designated Accommodation Centres for a maximum of 90 days, and are provided with food, laundry and other services and integration supports. They are entitled to a weekly payment of €38.80 per adult and €29.80 per child, as long as they remain in these Designated Accommodation Centres.

On the 14th May 2024, to ensure Ireland’s approach to supporting people covered by the Temporary Protection Directive is sustainable, equitable and in line with that of our European Union partners, the Government agreed that Beneficiaries of Temporary Protection in state-provided serviced accommodation, where food and utilities are provided, should receive the same level of payment regardless of when they arrived.

Officials from my Department and from the Department for Children, Equality, Disability, Integration and Youth are liaising on the operational arrangements to give effect to this change.

This change will apply to beneficiaries of Temporary Protection in designated fully serviced accommodation in receipt of any of the Department's social assistance schemes.

Social Welfare Appeals

Ceisteanna (491)

Bernard Durkan

Ceist:

491. Deputy Bernard J. Durkan asked the Minister for Social Protection if a recent application for a disability allowance can be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [29635/24]

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 can confirm that my Department received an application for DA from the above-named person on 14 March 2024. As their initial application did not contain all the information required to make a decision on entitlement, an information request letter was sent to the person concerned on 28 March 2024 to supply this supporting documentation within 21 days.

I can confirm the requested information of 28 March 2024 was not received by the Department. Therefore, based on the evidence supplied in support of this person’s application, his application for DA was disallowed on failing to supply sufficient information to determine his means. The application was also refused on the grounds that the medical qualifying condition for DA was not satisfied.

The person concerned was notified in writing of this decision on 16 May 2024, and they were given the right to a review or an appeal.

The person concerned can also apply to the Community Welfare Officer based in their local Intreo office for the means tested Supplementary Welfare Allowance (SWA) if they are in need of financial assistance.

I trust this clarifies the matter for the Deputy.

Roinn