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Tuesday, 24 Sep 2024

Written Answers Nos. 288-299

Industrial Relations

Ceisteanna (288)

Thomas Pringle

Ceist:

288. Deputy Thomas Pringle asked the Minister for Social Protection if she is aware that arising from an adjudication hearing of 23 February 2024, her Department was directed to engage with a union (details supplied) to determine the quantum of allowance to be paid to executive office inspectors arising from a claim lodged in 2017; if she will provide an update on the proceedings; the projected timeframe for reaching a conclusion; and if she will make a statement on the matter. [37882/24]

Amharc ar fhreagra

Freagraí scríofa

The Department has acknowledged the outcome of the adjudication hearing of 23 February 2024 and has informed Fórsa that it is committed to honouring the decision of the adjudicator dated 29 February. The Department has informed Fórsa that engagement will commence once the sectoral bargaining units referred to below have been finalised.

The process of collective bargaining has not yet been formally agreed. DPENDR has advised that the final bargaining units are due to be returned to them later this month following which they will be engaging with ICTU in relation to the process going forward. This will include how and when claims/proposals should be progressed.

I trust this clarifies the matter for the deputy.

Social Welfare Benefits

Ceisteanna (289)

Michael Lowry

Ceist:

289. Deputy Michael Lowry asked the Minister for Social Protection if she will implement €500 maintenance grants for students on mandatory placements and ensure the payment of a living wage to all students engaged in placements, to alleviate the financial strain on students working full-time jobs alongside their studies, as requested by an organisation (details supplied); and if she will make a statement on the matter. [37925/24]

Amharc ar fhreagra

Freagraí scríofa

The Department of Further and Higher Education, Research, Innovation and Science has policy responsibility for the further and higher education sectors. It has responsibility for the student grant scheme administered by Student Universal Support Ireland, which is the primary support for people pursuing further and higher education.

The Department of Social Protection provides a range of training and educational supports to assist jobseekers and others in receipt of certain social welfare payment to develop their skills to regain employment. The Back to Education Allowance provides income support for qualified people who pursue courses of education at further and higher level. The Back to Education Allowance scheme is not intended to be an alternative form of funding for people entering or re-entering the higher education system and does not provide maintenance grants.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (290)

Bernard Durkan

Ceist:

290. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which backlogs exist in the determination of appeals for various payments which have been refused; the efforts being made to address these backlogs; and if she will make a statement on the matter. [37942/24]

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 and management of the Appeals Office is the responsibility of the Chief Appeals Officer.

In 2023 approximately 1% of the decisions made by the Department of Social Protection were appealed to the Social Welfare Appeals Office. In 2023, the Office received 24,100 appeals. In 2024 up until 31/08/2024 the Office received 29,115 appeals, of which 25,367 were valid appeals which were registered. By comparison, over the same period in 2023 up until 31/08/2023, 16,323 appeals were registered. This is a substantial increase year on year.

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

(1) Introduction of a new IT system for more efficient end to end processing of appeals. The first release of this system went live in November 2023 and work on adding functionality to the system is continuing.

(2) Provision of an online service for appellants to make their appeals on the MyWelfare platform. This service was implemented in July 2024 and work on enhancing online appeals functionality is continuing.

(3) Business process improvements have been introduced within the Office to improve customer service and processing times in tandem with the implementation of new systems. Several initiatives to streamline decision processes are also being undertaken.

The modernisation project has contributed to a reduction in the time taken to register and acknowledge appeals lodged with the Appeals Office and this is assisting with the management of processing times.

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

In 2023 the average time taken to process an appeal was 16.0 weeks. The average processing time for an appeal dealt with summarily was 17.6 weeks. The average processing time for an appeal that included an oral hearing was 29.2 weeks.

The current numbers of outstanding appeals for the main schemes are set out in the table below:

Scheme

Total Outstanding

Carer’s Allowance

1707

Carer’s Benefit

182

Carer’s Respite Grant

104

Carer’s Support Grant

101

Child Benefit

327

Disability Allowance

4377

Domiciliary Care Allowance

1649

Family Income Supplement

590

Illness Benefit

585

Invalidity Pension

1041

Jobseekers Allowance/ Jobseekers Allowance Transition/Jobseekers Benefit

5500

One Parent Family Payment

484

Pandemic Unemployment Claim

105

Partial Capacity Benefit

123

Rent Supplement

115

State Pension Contributory

428

State Pension Non-Contributory

352

SWA/BASI

777

The desire to process appeals quickly must be balanced with the competing demand to ensure that decisions are consistent, well reasoned, of high quality, and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice that underpin a quasi-judicial process.

The Chief Appeals Officer closely monitors the numbers of appeals and processing times on an ongoing basis.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (291)

Bernard Durkan

Ceist:

291. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which she might consider entitlement to the State pension (contributory) in line with the level of necessary contributions in cases where such applicants were refused an entitlement; and if she will make a statement on the matter. [37943/24]

Amharc ar fhreagra

Freagraí scríofa

My Department makes several payments to people over the age of 66. One of these is the State Pension (Contributory), which has a number of qualifying criteria, including having a minimum of 520 paid social insurance contributions. Where a person meets the qualifying criteria, the rate of payment is calculated based on the number of contributions, paid and credited.As the actuarial value of the State Pension (Contributory) is currently estimated at approximately €380,000, it is reasonable to require people claiming a contributory pension to have made at least 520 paid contributions over the term of their working life to qualify for a payment. As the Deputy is aware, last year, legislation was enacted to introduce a series of landmark reforms to the State Pension system in response to the recommendations from the Pensions Commission. A key measure was the introduction of a flexible pension system. This new system is about providing people with choice. People will still be able to retire at 66 and draw-down their pension as they always have. Additionally, they may now choose to defer claiming their State Pension (Contributory) up to age 70 and receive an actuarially based increase in their weekly payment rate.People can decide for themselves what best suits their needs and circumstances. For example, a person who reaches age 66 and who does not have sufficient contributions to qualify for a contributory State Pension may be able to use this period to continue to work to establish entitlement or increase their level of payment. Where a person does not satisfy the conditions to qualify for the contributory pension or qualifies for less than the maximum rate, they may instead qualify for the means-tested non-contributory pension with a maximum payment equivalent to 95% of the contributory rate.

I hope this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (292)

Bernard Durkan

Ceist:

292. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which non-EU residents, working and living here and having paid tax here, cannot now qualify for a State pension (non-contributory), even though they have worked here and paid their necessary contributions and taxes; if further efforts can be made to ensure workers, who have an undocumented element of work history, can have this period count towards their eligibility when the necessary stamps have been paid; and if she will make a statement on the matter. [37944/24]

Amharc ar fhreagra

Freagraí scríofa

State Pension (Non-Contributory) is a means-tested payment for people aged 66 and over, who have a legal right of residence and habitually reside in the State, and who do not qualify for State Pension (Contributory), or only qualify for a reduced-rate contributory pension based on their social insurance record.The eligibility conditions for State Pension (Non-Contributory) do not require the taking into account of the social insurance record of an applicant, based on any periods of employment they may have held in the State (or in any EU Member State or country with which Ireland has a Bilateral Social Security Agreement).As the State Pension (Non-Contributory) is a means-tested payment, income received from any pensions, including those from outside the State, will form part of the assessment.

Where misclassification of employees is detected, the workers record is corrected and employers are required to remit the correct value of contributions back-dated as appropriate.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (293)

Bernard Durkan

Ceist:

293. Deputy Bernard J. Durkan asked the Minister for Social Protection if it might be possible to allow for top-up pensions to be paid to former EU nationals living in this country along with their families, rather than wait five years, putting themselves and their families under financial pressure; and if she will make a statement on the matter. [37945/24]

Amharc ar fhreagra

Freagraí scríofa

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. In order to satisfy the Habitual Residence Condition, it first must be established that the person has an unconditional right of residence in the State that does not preclude them from receipt of relevant social assistance payments.

All EU/EEA citizens have an unconditional right of residence in the State for up to three months, during which time they may not access the social welfare system. The right of residence in the State of an EU/EEA citizen for longer than this period is conditional on the citizen satisfying the relevant provisions set down in legislation and having sufficient resources so as not to become an unreasonable burden on the country's social assistance system. EU/EEA citizens will qualify for a right of permanent residence after five years legal residence in the State, or after three years if they have worked in the State for the twelve months immediately prior to reaching State pension age.

The Habitual Residence Condition is a requirement for a number of payments within my Department. It is not possible to apply discretion in relation to the application of the Habitual Residence Condition.

I trust this clarifies the matter for the Deputy,

Social Welfare Benefits

Ceisteanna (294)

Bernard Durkan

Ceist:

294. Deputy Bernard J. Durkan asked the Minister for Social Protection if exceptional needs payments can be expedited to meet emergency situations with a minimum of documentation, rather than allow matters to drag on, during which any such emergencies may have reached a crisis; and if she will make a statement on the matter. [37946/24]

Amharc ar fhreagra

Freagraí scríofa

The Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which an eligible person could not reasonably be expected to meet from their weekly income. This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources, and which are deemed to be necessary.

ANPs are administered by Designated Persons (DPs) in the Community Welfare Service (CWS) who consider the requirements of the legislation and all the relevant circumstances of the case. In general, when a person makes an application for an ANP, they must show that they satisfy the qualifying conditions and show that they have a need for the payment. Documentation such as a fully completed application form, bank statements, quotes, invoices, etc. are required to support the application.

Where it has been identified that a person has an urgent or immediate need, regardless of whether they have provided all the required documentation, these claims are referred immediately to a DP for consideration. Both ENPs and UNPs are reviewed on a case-by-case basis, with consideration given to the full circumstances of the person’s claim.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (295, 299)

Bernard Durkan

Ceist:

295. Deputy Bernard J. Durkan asked the Minister for Social Protection the degree to which she and her Department continue to monitor the situation in order to identify people who might be in financial difficulty due to them falling short of meeting statutory requirements; and if she will make a statement on the matter. [37947/24]

Amharc ar fhreagra

Bernard Durkan

Ceist:

299. Deputy Bernard J. Durkan asked the Minister for Social Protection the degree to which she and her office continue to ensure the making of a basic payment to applicants of social welfare payments while the primary application is being processed in order to alleviate hardship; and if she will make a statement on the matter. [37951/24]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 295 and 299 together.

The supplementary welfare allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as Additional Needs Payments.

I wish to assure the Deputy that the SWA scheme is kept under review to ensure that it continues to support those most in need of assistance.

The basic supplementary welfare allowance provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes. This assistance is subject to the person having the right to reside and satisfying the Habitual Residence Condition.

Basic Supplementary Welfare Allowance is paid at rates up to €230 per week with increases for adult and child dependents. Currently there are 12,640 recipients of the payment.

Any person who considers they may have an entitlement to Supplementary Welfare Allowance is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office.

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (296)

Bernard Durkan

Ceist:

296. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which oral hearings in respect of appeals against disallowance for various payments are taking place; the number of oral hearing appeals that took place to date in 2024; how this compares with the past five years; and if she will make a statement on the matter. [37948/24]

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 there have been 353 oral hearings held in 2024 up to 31st August. The total number of oral hearings for each of the past five years are set out in the table below:

Total number of Oral Hearings 2019 to 2023

Year

Total

2019

5,829

2020

1,712

2021

1,050

2022

835

2023

654

Social Welfare Benefits

Ceisteanna (297)

Bernard Durkan

Ceist:

297. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which the waiting time for decision in respect of applications for various social welfare payments has been shortened; and if she will make a statement on the matter. [37949/24]

Amharc ar fhreagra

Freagraí scríofa

Processing times can vary across schemes, depending on the differing qualification criteria. Schemes that require a high level of documentary evidence from the customer, particularly in the case of illness-related schemes, can take longer to process. Similarly, means-tested payments can also require more detailed investigations and interaction with the customer, thereby lengthening the decision-making process.

My Department has introduced a wide range of initiatives aimed at streamlining the processing of claims, supported by modern technology in recent years. Operational processes, procedures and the organisation of work are continually reviewed to ensure that processing capability is maximised.

In addition, the staffing needs of my Department are regularly reviewed, having regard to workloads and the competing demands arising, to ensure that the best use is made of all available resources. The table below contains the average weeks to award by scheme by year.

Scheme

2019

2020

2021

2022

2023

State Pension (Contributory)

7

7

6

6

7

Widow(er)'s Contributory Pension

4

1

1

1

1

State Pension (Non-Contributory)

10

6

6

7

7

Jobseekers Allowance

2

2

1

1

1

Jobseekers Benefit

1

1

1

1

1

One-Parent Family Payment

4

3

3

3

3

Supplementary Welfare Allowance

1

1

1

1

1

Maternity Benefit

6

6

6

6

6

Paternity Benefit

6

6

6

6

6

Parents Benefit

1

1

1

Carer's Allowance

14

7

4

6

6

Carer's Benefit

12

5

4

6

4

Disability Allowance

13

7

6

7

10

Invalidity Pension

9

7

7

7

7

Illness Benefit

1

1

1

1

1

Occupational Injury Benefit

1

1

1

1

1

Child Benefit

2

2

3

4

3

Domiciliary Care Allowance

10

8

10

9

6

State Pensions

Ceisteanna (298)

Bernard Durkan

Ceist:

298. Deputy Bernard J. Durkan asked the Minister for Social Protection the total number of applications for the State pension (contributory) received in each of the past five years to date; the number granted, refused or pending; and if she will make a statement on the matter. [37950/24]

Amharc ar fhreagra

Freagraí scríofa

The information requested by the Deputy for each of the past five years, and year to date figures for 2024, is provided in the table below.

Table 1: State Pension (Contributory) claims registered, awarded, rejected and pending, by year

Year

Registered

Awarded

Rejected

Pending

2024 (January to August)

32,096

13,433

11,362

2,707

2023

47,241

21,096

14,866

6,885

2022

43,633

18,776

12,207

6,942

2021

41,962

19,220

15,176

4,032

2020

38,808

17,155

13,742

5,231

2019

41,551

20,737

16,063

4,883

Question No. 299 answered with Question No. 295.
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