Written Answers Nos. 451-470
451. Deputy Denis Naughten asked the Minister for Social Protection when the medical review and assessment unit will make a decision on a person’s application (details supplied); and if she will make a statement on the matter. [36478/24]
Amharc ar fhreagraThe person concerned is currently in receipt of Illness Benefit (IB) from my Department. IB is a short-term scheme for people who cannot work due to illness and who satisfy the pay related social insurance (PRSI) contribution conditions. It is paid for a maximum of 2 years or 624 payable days.
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 PRSI contribution conditions.
My Department has not received an application for IP from the person in question to date. In July 2024, a medical review commenced as the person referred to was in receipt of IB for 18 months and IB is payable for a maximum of 2 years. This review was to assess their continued eligibility for the IB in payment to her and also to assess her possible medical suitability for IP. The medical assessment has been completed and the person concerned has been found to be medically suitable for IP. Subject to all other conditions for the scheme being met they should transfer to this long-term payment once an application has been received. In this regard, an application form for IP will issue to the person referred to shortly to assess their full eligibility for that scheme.
I trust this clarifies the matter for the Deputy.
452. Deputy Éamon Ó Cuív asked the Minister for Social Protection when a decision will be made on a State pension (non-contributory) review (details supplied); the reason for the delay in processing the review; and if she will make a statement on the matter. [36479/24]
Amharc ar fhreagraState 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.
The person concerned is in receipt of a reduced rate State pension non-contributory with effect from 10 November 2023.
Following the Deputy’s representations, a review of the person’s entitlement was undertaken and the person’s case was referred to a Social Welfare Inspector for their assistance in establishing their entitlement to the payment.
The Deciding Officer has contacted the relevant Inspector, who has confirmed that they spoke with the person concerned on 13 September 2024. An interview has been arranged for 17 September 2024, with a view to gathering the necessary documentation, in order to establish their entitlement to the payment.
On receipt of the Inspector’s report, the Deciding officer will issue a review decision to the person concerned as soon as possible.
I hope this clarifies the matter for the Deputy.
453. Deputy Neasa Hourigan asked the Minister for Social Protection if a person on unpaid maternity leave is entitled to make contributions to a private pension during this period; and if she will make a statement on the matter. [36507/24]
Amharc ar fhreagraMy Department has no role in setting the rules for payment of contributions under occupational pension schemes or pension products or for contractual terms in respect of unpaid maternity leave.
During a period of qualifying maternity absence, occupational pension schemes are required to ensure that a member:
• continues in membership of the scheme, and
• continues to accrue rights under the scheme,
during any period of qualifying maternity absence in the same manner as if she were at work and being paid normally during that period.
There is no obligation to pay an employee or provide her with pension benefits during any period of maternity absence which is not a qualifying maternity absence.
Nothing in the Pensions Act, 1990 (as amended) prevents an occupational pension scheme from providing special, more favourable treatment for women in connection with pregnancy or childbirth or makes unlawful any act done in compliance with the Maternity Protection Acts 1994 to 2022 or the Adoptive Leave Acts, 1995 and 2005.
Scheme rules can also provide for members to purchase additional service for periods where there is a break in reckonable service.
Therefore, the rules of the occupational pension scheme and the contract of employment will determine whether contributions are payable in respect of periods of unpaid maternity leave.
Where a person is a contributor to a personal pension product such as a PRSA or makes Additional Voluntary Contributions in their own right and not through their employer, it may be possible for the person to continue to make individual contributions during any periods of unpaid leave subject to any Revenue rules that apply in relation to tax relief.
I trust this clarifies the matter for the Deputy.
454. Deputy Éamon Ó Cuív asked the Minister for Social Protection if the latest date for lodging an appeal on a social welfare application is based on the date of the original decision or the date of reviewed decision where a review was sought; and if she will make a statement on the matter. [36511/24]
Amharc ar fhreagraThe 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.
I am advised by the Social Welfare Appeals Office that where a review has been sought on a social welfare application, the latest date for lodging an appeal is 21 days from the date of the reviewed decision.
I trust this clarifies the matter for the Deputy.
455. Deputy Paul McAuliffe asked the Minister for Social Protection for an update on the case of a widow’s pension for a person (details supplied). [36512/24]
Amharc ar fhreagraAn application for widow's, widower's or surviving civil partner's contributory pension from the person concerned was received in my Department on September 4th.
In order to determine entitlement to the pension, a Deciding Officer must first establish if the applicant is the legal spouse of the deceased. Where a marriage took place outside the state, evidence must be provided by the applicant, by furnishing the original civil marriage certificate. A church marriage certificate cannot be accepted for this purpose.
We have contacted the person concerned to request that she submit her original civil marriage certificate. Once this is received, my Department will ensure that the claim is processed without delay.
I trust this clarifies the matter for the Deputy.
456. Deputy Michael Healy-Rae asked the Minister for Social Protection if an appeal to an invalidity pension refusal by a person (details supplied) will be examined; and if she will make a statement on the matter. [36516/24]
Amharc ar fhreagraThe 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 referred to an Appeals Officer who has allowed the appeal.
I trust this clarifies the matter for the Deputy.
457. Deputy Neasa Hourigan asked the Minister for Social Protection her plans to provide participants on the job initiative scheme with access to the fuel allowance payment; and if she will make a statement on the matter. [36520/24]
Amharc ar fhreagraThe 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 Job Initiative scheme provides full-time employment for people 35 years of age or over who had been unemployed for five years or more. Since November 2004, there has been no recruitment to the scheme. Since January 2004, participants on the Job Initiative scheme cannot retain their entitlement to Fuel Allowance while participating on the scheme. At the time, the minimum rate of payment to participants on the scheme was significantly higher than the rate of qualifying Social Protection payments.
The minimum rate of payment to a Job Initiative participant is still significantly higher than most Social Protection primary payments, including payments such as Illness Benefit and Jobseeker's Benefit, which are also non-qualifying payments for Fuel Allowance.
Any decision to provide participants on the Job Initiative scheme with access to the Fuel Allowance payment would have to be considered in a budgetary context. However, any such decision would change the targeted nature of the Fuel Allowance scheme, as it would be awarding the payment to people in full-time employment who are not in receipt of a qualifying Social Protection payment.
Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential need which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.
I hope this clarifies the matter for the Deputy.
459. Deputy Bernard J. Durkan asked the Minister for Social Protection to clarify the application eligibility for fuel allowance of a person (details supplied); and if she will make a statement on the matter. [36631/24]
Amharc ar fhreagraI understand this question is in relation to the entitlement of the person concerned to the Household Benefits Package (HBP), rather than the Fuel Allowance. The entitlement of the person concerned to the HBP continues to be examined.
The application has been referred to a local Social Welfare Inspector (SWI) to confirm that all the conditions for receipt of the HBP are satisfied. Once the SWI has completed a report on the matter, a decision will be made, and the person concerned will be notified in writing of the outcome.
I hope this clarifies the position for the Deputy.
460. Deputy Bernard J. Durkan asked the Minister for Social Protection if the State pension entitlement of a person (details supplied) will be examined; and if she will make a statement on the matter. [36682/24]
Amharc ar fhreagraState 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 any additional pension(s), 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 hold or co-hold, are assessable.
The person concerned applied for state pension non-contributory on 29 January 2024, and their case was assigned to a Social Welfare Inspector on 2 February 2024, for their assistance in establishing the person’s entitlement to the payment.
Following the return of the case by the Inspector, the person’s application was disallowed on 8 May 2024, for the reason that they failed to fully disclose their means by not providing all the documentation requested.
The Deputy's previous Parliamentary Question was accepted as a request for a further review, with the person’s case reassigned to an Inspector for their assistance in establishing their entitlement.
The Inspector contacted the person concerned on 24 June 2024, and their accountant on 26 June 2024, confirming the necessity to arrange an interview and gather all outstanding documentation, in order to establish their entitlement. A follow up telephone call was made to the accountant on 18 July 2024, in which the Inspector left a voicemail message. No response was received and as a result, the Inspector submitted their report to the Deciding Officer on 31 July 2024. The review of the person’s entitlement was completed on 6 August 2024 and the decision to disallow the person's application on 8 May 2024 remained unchanged.
A review decision letter issued to the person concerned on 6 August 2024, outlining the decision and offering the right to appeal the decision by writing to the Social Welfare Appeals Office, within 21 days, should they disagree with the decision.
I trust this clarifies the matter for the Deputy.
461. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review of eligibility for illness benefit payment for a person (details supplied) will be expedited; and if she will make a statement on the matter. [36684/24]
Amharc ar fhreagraMy department received an application for Illness Benefit from the person concerned on 27th July 2024.
The person concerned does not qualify for Illness Benefit as they do not satisfy the pay-related social insurance contribution conditions.
It is open for the person concerned to make an application for the long-term, means-tested Disability Allowance.
If the person concerned is in urgent need of financial assistance, it is open for them to contact the Community Welfare Officer in their local Intreo office to enquire about assistance under the means-tested Supplementary Welfare Allowance scheme.
I trust this clarifies the position for the Deputy.
462. Deputy Bernard J. Durkan asked the Minister for Social Protection to review the application for adult dependent allowance/benefit in the case of a person (details supplied); and if she will make a statement on the matter. [36790/24]
Amharc ar fhreagraAn increase for qualified adult (IQA) is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.
Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.
As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. In the case of an increase for qualified adult (IQA) on SPC, the primary claimant is contacted by my Department to notify them that their continuing entitlement to the means tested IQA payment is being examined. A questionnaire is required to be completed to include details of the means of their qualified adult. A questionnaire issued to the person concerned on 7 March 2024. Upon receipt of the completed questionnaire with self-declared means, the IQA was reviewed. As the weekly means of the qualified adult were in excess of €310 per week, the person concerned was no longer entitled to this payment. The IQA ceased with effect from 27 June 2024.
The person concerned requested a review of this decision. The claim was reviewed by my department. The decision to stop the IQA was upheld. The person concerned was notified of the outcome.
The person concerned has appealed the decision to the Social Welfare Appeals Office. This office functions independently of my Department and Appeals Officers are independent in their decision-making functions. The Social Welfare Appeals Office will be in touch with the person concerned in relation to the progress of their appeal.
I hope this clarifies the position for the Deputy.
463. Deputy Catherine Murphy asked the Minister for Social Protection the estimated full-year cost if child benefit allowance increased by €10 per month. [36826/24]
Amharc ar fhreagraChild Benefit is a universal monthly payment made to families with children up to the age of 16 years. The payment continues to be paid in respect of children until their nineteenth birthday who are in full-time education, or who have a disability.
Child Benefit is currently in payment to approximately 677,000 families in respect of over 1.2 million children with an estimated expenditure of approximately €2.2 billion in 2024. The estimated cost of increasing the monthly rate of Child Benefit by €10 is approximately €12.9 million per month or €154.7 million per year.
These estimates are based on a full year basis and on the number of recipients in 2024. It should be noted that this costing is subject to change in the context of emerging trends and associated revision of the estimated number of recipients.
I trust this clarifies the matter for the Deputy.
464. Deputy Duncan Smith asked the Minister for Social Protection the reason there is a delay in awarding the monies due under the Labour Court Case (LRC22987) to the Department, which in turn will fund the Citizens Information Board, to grant to the nine Citizens Information Services to pay the employees due (details supplied); and if she will make a statement on the matter. [36831/24]
Amharc ar fhreagraAs you will be aware, the Citizens Information Service (CIS) comprises of eight regional companies that are funded by the Citizens Information Board (CIB), the statutory body funded by my Department. The Citizens Information Phone Service (CIPS) is also funded by CIB. As I have stated on many occasions, I absolutely acknowledge and value the important information, advice and advocacy services that the staff of the CIS provide right across the country. I believe that CIS workers should be paid fairly for the important work they do and I am supportive of a pay increase.
Since the Labour Court issued its recommendation in June in relation to CIS and CIPS pay, my Department has been actively engaging with the Department of Public Expenditure, National Delivery Plan and Reform in relation to a pay agreement and expenditure requirements.
In addition, talks commenced last week between representatives from SIPTU, CIS, CIB and my Department in relation to a pay agreement for the CIS and CIPS.
I am hopeful that these talks, which are due to resume next week, will result in an agreement and I strongly encourage all parties involved to continue to engage constructively in this process.
465. Deputy Niamh Smyth asked the Minister for Social Protection to review the case of a person earning minimum class A contributory losing all of the class S contributory; and if she will make a statement on the matter. [36858/24]
Amharc ar fhreagraIf 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.
466. Deputy Patrick Costello asked the Minister for Social Protection the current number of live studies, reviews and research undertaken or commissioned by her Department; and the date by which each study, review and research is scheduled to be completed, in tabular form. [36906/24]
Amharc ar fhreagraMy Department currently has ten (10) live studies, reviews and research in progress. Details of these are set out in tabular format below:
|
Live studies, reviews and research undertaken or commissioned |
Scheduled completion date |
|
|
1. |
A survey of employers to ascertain their views of the Department’s employer services. |
Ongoing on a quarterly basis, |
|
2. |
Employer survey in the cross border region to ascertain awareness of Public Employment services. |
Quarter 4, 2024. |
|
3. |
Internal review of the Cross Border Partnership Employment Services at the conclusion of the first 3-year cycle. |
Quarter 4, 2024. |
|
4. |
Review and quantitative analysis of the Intreo Partners Local Area Employment Service. |
Quarter 2, 2025. |
|
5. |
Satisfaction surveys of Intreo, Intreo Partner and contact centre services to ascertain customers' views of the Department’s services. |
Ongoing on an annual basis. |
|
6. |
Satisfaction surveys of recipients of Maternity, Paternity and Parent’s Benefit. |
Quarter 3, 2024. |
|
7. |
Focus groups to ascertain customers' views of the Department’s public employment services. |
Quarter 3, 2024. |
|
8. |
Strategic Workforce Planning Project. |
Quarter 3, 2025. |
|
9. |
Impact evaluation of the Back to Work Family Dividend Scheme. |
Quarter 1, 2025. |
|
10. |
Joint Research Programme on Poverty and Social Inclusion, conducted with the Economic and Social Research Institute (ESRI). |
Quarter 4, 2027. |
467. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason an application for an increase for a qualified adult has been refused in the case of a person (details supplied); if the case can be reviewed; and if she will make a statement on the matter. [36907/24]
Amharc ar fhreagraThe person concerned applied for an increase for a qualified adult (IQA) with their application for state pension (contributory) on 5 April 2024.
The IQA is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.
Where a qualified adult has weekly means of less than €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.
A letter issued to the person concerned on 17 April 2024 requesting further information in order to establish entitlement to IQA. As the information was not received, a reminder issued to the person concerned on 20 May 2024.
As the required information was not received, entitlement to IQA could not be established. A letter issued to the person concerned on 12 August 2024 informing them that their application was disallowed.
If the person concerned furnishes the requested information, their entitlement to IQA will be examined and they will be notified of the outcome without delay.
I hope this clarifies the matter for the Deputy.
468. Deputy Pa Daly asked the Minister for Justice further to Parliamentary Question No. 112 of 22 November 2023, her views regarding the Irish Travellers Access to Justice report; the recommendations her Department has committed to implementing; and if she will make a statement on the matter. [37095/24]
Amharc ar fhreagra530. Deputy Thomas Pringle asked the Minister for Justice if any of the recommendations of the Irish Travellers Access to Justice Project have been implemented; her views on the report; and if she will make a statement on the matter. [36760/24]
Amharc ar fhreagraI propose to take Questions Nos. 468 and 530 together.
It has not been possible to collate the information requested by the Deputy in the time available.
I will write to the Deputy directly once the information is to hand.
469. Deputy Sean Fleming asked the Minister for Justice if there is a cut-off point for how much legal aid a person (details supplied) can acquire; and if she will make a statement on the matter. [36009/24]
Amharc ar fhreagraAs the Deputy will be aware the Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means in the State, in accordance with the provisions of the Civil Legal Aid Act and Regulations.
I am informed that there is no cap on the amount of legal aid an applicant may be afforded, however the matter must be within the scope of the Act and the applicant must pass the financial and merits tests in each instance of application.
Applicants for legal aid must meet the financial eligibility criteria under section 29 of the Act and the Regulations. This provides that their disposable income (less certain allowances) must be below €18,000 and their disposable capital (less certain allowances and excluding the value of the home in which they live) must be below €100,000. The Regulations make detailed provision for the assessment of income and application of allowances.
The person’s case must also meet the merits and other criteria under the Act. The primary merits criteria are that:
• a reasonably prudent person, whose means were such that the cost of seeking such services at his or her own expense, while representing a financial obstacle to him or her would not be such as to impose undue hardship upon him or her, would be likely to seek such services in such circumstances at his or her own expense, and
• a solicitor or barrister acting reasonably would be likely to advise him or her to obtain such services at his or her own expense.
Other criteria which would be considered by the Board include whether the person has as a matter of law grounds for instituting or defending proceedings, whether the person is likely to be successful in the proceedings, and whether in all the circumstances of the case (including the cost to the Board as against the benefit to the applicant) it is reasonable to grant legal aid.
470. Deputy Patricia Ryan asked the Minister for Justice the levels of recidivism for drug offenders; and the supports that are in place to prevent re-offending on release, especially regarding help finding housing. [36020/24]
Amharc ar fhreagraAs the Deputy may be aware, the Central Statistics Office (CSO) regularly publishes both prison and probation re-offending statistics on their website www.cso.ie.
Detailed statistical information can found at the CSO website statistics section at People and Society - Crime and Justice.
This Government is focused on reducing reoffending, including by diverting people, where appropriate, from the criminal justice system and ensuring the underlying causes of offending behaviour are addressed.
This is not something that can be done with just a criminal justice response. It requires action on the part of other Departments and agencies.
While there are no quick fixes to reducing reoffending, evidence shows that different targeted interventions are needed and having developed a range of policies to achieve this, we now have agreed actions and are working to implement them.
In 2022, I published a Review of Policy Options for Prison and Penal Reform, which is being implemented and includes increasing the use of alternatives to custodial sanctions where appropriate.
Additionally, the recommendations of High Level Taskforce to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector, also published in 2022, are being progressed in conjunction with the Department of Health with a view to better supporting people to address the underlying causes of their offending behaviour, including through diversion and appropriate community supports post-release.
The provision of education and training is also key to reducing recidivism and the Prison Service provides supports and services from basic literacy and numeracy education, up to third level qualifications.
Further, the Prison Education Taskforce, co-chaired by Minister O'Donovan and Minister Browne, comprises key agencies such as the Irish Prison Service, Solas, the Probation Service, and the Education and Training Boards. The aim of the taskforce is to ensure greater alignment between prison education and work training and the tertiary education system to support prisoners in benefitting from education and training opportunities while in custody to support their rehabilitation and access to employment post-release.
The Probation Service also funds and works collaboratively with a number of Community Based Organisations (CBOs) to provide supported temporary accommodation and the development of independent living skills to persons subject to Probation supervision who are at risk of, or experiencing homelessness. These services support the Probation Service to ensure court ordered supervision is implemented, reduce the likelihood of reoffending and risk of harm to the public and support the client’s transition to stable long-term accommodation while addressing any existent support needs such as substance misuse.
The Probation Service recently established a Social Inclusion and Reintegration Unit for Probation Service clients, which will support the Service’s work related to offending which is underpinned by social and health factors, including low educational attainment, substance misuse, homelessness, poor mental health, trauma, unemployment and poverty.
Taken together, these important and comprehensive pieces of work represent a coherent and all-of-system approach to addressing offender behaviour, providing rehabilitative and mental health supports, and managing the people who offend in a considered and planned way to minimise reoffending.
