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Gnáthamharc

Wednesday, 9 Oct 2024

Written Answers Nos. 124-140

Social Welfare Appeals

Ceisteanna (124)

John Brady

Ceist:

124. Deputy John Brady asked the Minister for Social Protection when a decision will be made on an appeal for invalidity pension for a person (details supplied); and if she will make a statement on the matter. [40376/24]

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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.

Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts which were not before the Appeals Officer when they made their decision which had they have been, it would have rendered the decision erroneous.

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

I trust this clarifies the matter for the Deputy.

Social Welfare Appeals

Ceisteanna (125)

Pearse Doherty

Ceist:

125. Deputy Pearse Doherty asked the Minister for Social Protection when a decision will be made for a disability allowance appeal (details supplied); the average processing times for such appeals; and if she will make a statement on the matter. [40379/24]

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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow 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.

Social Welfare Payments

Ceisteanna (126)

Paul McAuliffe

Ceist:

126. Deputy Paul McAuliffe asked the Minister for Social Protection to provide an update on a living alone allowance application for a person (details supplied). [40391/24]

Amharc ar fhreagra

Freagraí scríofa

Primary weekly social welfare payments are intended to enable recipients to meet their basic day-to-day income needs. In addition to these primary payments, my Department also provides a range of other secondary payments, such as an Increase for a qualified adult (IQA) and the living alone increase (LAI). The LAI is paid to persons in receipt of a primary payment from my Department and who are living alone. As the person concerned is in receipt of an increase for a Qualified Adult, they do not meet the eligibility criteria for this allowance.

If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for long-term carers contributions (LTCC). The periods of caregiving do not need to be consecutive. If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record for the state pension (contributory). Their state pension (contributory) entitlement will be reviewed at this stage.

The quickest way to apply for LTCCs is online at MyWelfare.ie if the person has a verified MyGovID account. Further information is available on the Government website at gov.ie/pensions.

It is also open to them to apply for the state pension (non-contributory) which is a means-tested payment with a maximum payment of 95% of the state pension (contributory).

I have arranged for application forms to issue for state pension (non-contributory), pension caring supports, household benefits and the fuel allowance. On receipt of the completed application forms, their entitlement will be examined and they will notified of the outcome. The person concerned will also receive the payment that is financially more beneficial to them.I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (127)

Donnchadh Ó Laoghaire

Ceist:

127. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the number of persons eligible for the carer's support grant by virtue of being in receipt of the carer's allowance, carer's benefit and domiciliary care allowance, respectively, in tabular form. [40423/24]

Amharc ar fhreagra

Freagraí scríofa

At the end of September 2024, there were 134,725 recipients of the Carer's Support Grant.

Of these, 95,440 were in receipt of Carer's Allowance, 3,680 were in receipt of Carer's Benefit and 56,369 were in receipt of Domiciliary Care Allowance.

6,741 individuals were in receipt of Carer's Support Grant and were not receiving any of the other three payments.

Social Welfare Payments

Ceisteanna (128)

Donnchadh Ó Laoghaire

Ceist:

128. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection the number of persons in receipt of the full rate of the carer's allowance, the half rate of carer's allowance and the number in receipt of a payment increase for a child dependent, respectively, in tabular form. [40424/24]

Amharc ar fhreagra

Freagraí scríofa

A person in receipt of certain social welfare payments who is providing full time care and attention to another person may retain their payment, and receive a half-rate Carer's Allowance payment as well.

At the end of September 2024, there were 97,257 recipients of Carer's Allowance. Of these, 51,467 were in receipt of a full-rate payment and 45,790 were in receipt of a half-rate Carer's Allowance payment. A Child Support Payment (formerly the Increase for a Qualified Child) was being paid in respect of 53,855 children.

Social Welfare Payments

Ceisteanna (129)

Michael Ring

Ceist:

129. Deputy Michael Ring asked the Minister for Social Protection to detail the number of recipients of child benefit on 1 January in each of the past five years; the number that were resident outside of the State; the countries where these beneficiaries were resident; and if she will make a statement on the matter. [40439/24]

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 and 17 and 18 if they are in full-time education or full-time training or have a disability and cannot support themselves.

The table below outlines Child Benefit payable to children residing outside the state from 2018 to 2023, the country of residence, number of children, number of families and the expenditure are included.

Child Benefit is payable in respect of children resident outside the state under EU legislation where at least one parent is making social security contributions in Ireland.

-

2018

2019

2020

2021

2022

2023

No of Customers

No of Children

No of Customers

No of Children

No of Customers

No of Children

No of Customers

No of Children

No of Customers

No of Children

No of Customers

No of Children

Total Recipients of Child Benefit

628,354

1,202,925

637,007

1,216,475

633,456

1,206,848

630,633

1,197,939

648,053

1,220,978

656,057

1,226,750

Country of Residence

Belgium

5

8

7

14

4

7

7

13

4

6

9

19

Bulgaria

61

88

58

90

75

110

64

95

61

89

79

113

Czech Republic

44

73

51

82

39

60

36

65

33

62

34

66

Denmark

2

6

0

0

1

1

1

3

0

0

1

1

Germany

10

15

11

17

6

9

8

15

9

13

9

13

Estonia

9

14

7

12

5

8

6

9

6

8

6

9

Greece

3

6

2

4

2

2

7

13

6

8

7

11

Spain

132

218

100

166

57

108

62

116

57

100

67

115

France

19

39

16

25

11

17

12

18

12

20

16

26

Croatia

110

179

128

214

120

195

119

185

109

168

116

172

Italy

62

98

36

60

29

44

33

50

25

35

25

36

Cyprus

2

3

4

7

2

5

1

1

1

1

1

1

Latvia

130

185

110

148

100

134

87

123

75

110

73

104

Lithuania

286

435

260

400

208

327

193

306

156

243

150

237

Luxembourg

1

1

1

3

0

0

0

0

0

0

0

0

Hungary

33

46

25

38

29

41

30

48

29

44

28

44

Malta

1

2

1

1

0

0

0

0

0

0

0

0

Netherlands

5

13

7

12

7

13

6

11

1

3

2

2

Austria

1

2

2

5

1

3

2

5

3

5

2

7

Poland

2,406

3,573

1,567

2,566

1,492

2,395

1,350

2,211

1,187

1,958

1,010

1,612

Portugal

67

95

49

76

51

78

49

80

39

66

40

58

Romania

567

1,016

683

1,297

681

1,291

650

1,237

661

1,240

696

1,332

Slovenia

1

2

0

0

0

0

0

0

0

0

0

0

Slovak Republic

124

209

126

206

118

205

97

175

83

151

82

143

Finland

5

7

8

15

6

10

6

12

4

7

4

7

Sweden

2

3

1

2

2

2

1

2

0

0

0

0

United Kingdom

800

1,765

1018

2,169

1057

2,307

1,073

2,313

724

1,429

1,279

2,605

Iceland

0

0

0

0

0

0

0

0

0

0

0

0

Liechtenstein

0

0

0

0

0

0

0

0

0

0

0

0

Norway

1

1

0

0

0

0

0

0

0

0

0

0

Switzerland

2

3

3

8

1

2

4

7

2

3

3

6

Total Recipients residing outside the state

4,891

8,105

4,281

7,637

4,104

7,374

3,904

7,113

3,287

5,769

3,739

6,739

I trust this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (130)

Michael Ring

Ceist:

130. Deputy Michael Ring asked the Minister for Social Protection to outline the qualifying criteria for child benefit payments to be made for children who are ordinarily resident outside the State and to clarify when the benefits will cease in respect of children resident outside the State if the required PRSI contributions cease; and if she will make a statement on the matter. [40442/24]

Amharc ar fhreagra

Freagraí scríofa

Child Benefit is a 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 19th birthday where they are in full-time education or have a disability. Child Benefit is paid at €140 per month. Twins are paid at one and a half times the standard monthly rate for each child, that is, €210 per month for each twin. All other multiple births are paid at double the standard monthly rate for each child, that is €280 per child.

To receive Child Benefit in Ireland, parents must be habitually resident in the State. The habitual residence condition is designed to provide on-going entitlement to non-contributory benefits including Child Benefit to those who have established their connection to Ireland, while that connection remains.

In order to be a qualified child for the purpose of Child Benefit, the child must, amongst other things, be ordinarily resident in this state. This requirement is deemed to be satisfied in cases of:

• members of the Irish Defence Forces or the Irish Civil Service serving abroad,

• volunteer development workers, and

• persons temporarily employed abroad by an Irish employer and paying Irish social insurance contributions.

Furthermore, under EU law, Child Benefit is classified as a Family Benefit. Regulation (EC) 883 of 2004 provides that the country of employment pays family benefits even though the family may reside in another EU Member State, or another State within the European Economic Area. As such, Child Benefit can be payable even if the child or children are resident in another European Economic Area State. The amount of Child Benefit payable by my Department will depend on whether there is entitlement to family benefits from another European Economic Area State in respect of the same child or children. The claim should be made in the country of work which contacts the other country to ensure that the full entitlement is received. These rules apply to employed or self-employed EEA Nationals who have become subject to Irish PRSI since coming to Ireland, and their entitlement continues if they become unemployed and receive Irish jobseeker’s benefits.

I trust this clarifies matters for the Deputy.

Social Welfare Payments

Ceisteanna (131)

John McGuinness

Ceist:

131. Deputy John McGuinness asked the Minister for Social Protection if the living alone allowance will be restored in the case of a person (details supplied); and if she will expedite a positive decision. [40443/24]

Amharc ar fhreagra

Freagraí scríofa

The Living Alone Increase (LAI) is a supplement of €22 per week to persons who are in receipt of a primary social protection payment who are living alone. The person concerned applied for the LAI on 19 August 2023. They were notified on 2 September 2023 that they were not eligible 3for this increase as they did not reside alone. I have arranged for a form to issue to the person concerned to clarify their position. On receipt of the completed form, their entitlement will be reviewed. I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (132)

John McGuinness

Ceist:

132. Deputy John McGuinness asked the Minister for Social Protection if disability allowance will be approved for a person (details supplied); and if a positive decision will be expedited. [40444/24]

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 is no record of a Disability Allowance appeal by the person concerned having been received by that Office. However, an appeal in respect of a claim for Invalidity Pension was received in respect of the person concerned.

An Appeals Officer, having fully considered all of the available evidence, decided to allow the Invalidity Pension appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision by letter issued on 4 October 2024.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (133)

Niamh Smyth

Ceist:

133. Deputy Niamh Smyth asked the Minister for Social Protection the reason for the delay in the qualifying payment for fuel allowance not coming into effect until January 2025, thus missing half the payment; and if she will make a statement on the matter. [40476/24]

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.

As part of Budget 2025, I was delighted to announce a number of measures in relation to the Fuel Allowance payment. These included:

• €300 once-off payment to all households receiving Fuel Allowance in November 2024.

• Carer’s Allowance will become a qualifying payment for Fuel Allowance from January 2025, subject to meeting all criteria of the Fuel Allowance scheme, including satisfying the Fuel Allowance means test.

• The enhanced over 70’s Fuel Allowance qualifying conditions will be extended to people aged 66 and over from January 2025

It is estimated these measures combined will bring an additional 9,200 households into the Fuel Allowance Scheme from January. As the eligibility for Fuel Allowance has been enhanced, and will require time to implement, the extended eligibility will take effect in January 2025. My Department is already working on developing the IT systems and operational requirements to give effect to these changes.

Households that qualify for the Fuel Allowance payment will be receiving an extra €924 in a full fuel season to help with the cost of heating their home.

Some of the households to whom access is extended from January may also benefit from cost-of-living measures announced in the Budget such as the double week in social welfare payments in October and December, the living alone payment of €200 in November and the payment of €400 to all carers receiving the Carer’s Support Grant in November.

The electricity credit of €250 is another important Government measure announced in the Budget which will also benefit households that receive Fuel Allowance.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I trust that this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (134)

James Lawless

Ceist:

134. Deputy James Lawless asked the Minister for Social Protection to examine a matter regarding means tests for carers (details supplied); and if she will make a statement on the matter. [40477/24]

Amharc ar fhreagra

Freagraí scríofa

The main income supports to carers provided by my department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Spending on these payments is expected to amount to over €1.7 billion this year.

The Carer’s Allowance is the main scheme by which the Department provides income support to carers in the community. In 2024, expenditure on the Carer’s Allowance scheme is estimated to be over €1.1 billion.Eligibility for Carer’s Allowance involves satisfying a means test. Means assessments take both household income and capital (such as savings, investments and property other than the family home) into consideration. For social assistance schemes, income and capital belonging to the claimant and his or her partner, where applicable, is generally assessable for means purposes. Means tests are an essential component of our social welfare system - they help to direct scarce resources to where they are needed most.

Abolition of the means test for Carer's Allowance as proposed would give rise to additional costs of at least €600m per year based on current claim numbers. Taking account of estimates of inflows, this could increase to €2bn a year. At this level, the removal of the means test would have a significant impact on the funding available for other schemes and services. It is also worth noting that abolition of the means test would be of no benefit to those carers who rely solely on the payment and have no additional income. Nevertheless, taking account of the important role of Carers in our society, I have, since my appointment as Minister, made a number of significant improvements to the means test for Carer's Allowance.

• Budget 2022 saw the first changes to the means test in 14 years when the income disregards were increased from €332.50 to €350 for a single person, and from €665 to €750 for carers with a spouse/partner. The capital and savings disregard for the Carer’s Allowance means assessment was also increased from €20,000 to €50,000. It is important to note that this equates to €100,000 in the case of a couple.

• As part of Budget 2024, the weekly income disregards were further increased from €350 to €450 for a single person, and from €750 to €900 for carers with a spouse/partner.

As part of Budget 2025, I further increased the income disregards to €625 for a single person and to €1,250 for carers with a spouse/partner.Since June 2022, this amounts to cumulative increases to the disregards of €292.50 for a single carer and €585.00 for a carer who is part of couple.

These recent changes to the means test will enable more carers on a reduced rate to move to a higher payment. Additionally, many carers who previously did not qualify for a payment due to their means will be brought into the Carer's Allowance system for the first time.

I have also established an Interdepartmental Working Group with the Department of Health and the Department of Children, Equality, Disability, Integration and Youth to examine and review the system of means testing for carer payments. This work is ongoing, and I expect the Group is due to report back to me later this year.

It is also important to acknowledge that there are a range of other supports for carers provided by my department which are not based on a means assessment.

The Carer’s Support Grant is a payment for all carers, even those not in receipt of Carer’s Allowance. It can be claimed by carers regardless of their means or social insurance contributions. It is paid in respect of each care recipient. I increased this grant as part of Budget 2021 to €1,850 and announced a further increase in Budget 2025 of €150 bringing it to €2,000, its highest ever rate. Over 132,000 carers received the grant on Thursday 6 June at a cost of €275 million.

Carer's Benefit is based on social insurance contributions and does not require a means test. It is payable for a period of up to 2 years for each care recipient and is estimated to cost almost €58 million in 2024. In Budget 2025, I have extended eligibility for this payment to the self-employed for the first time.

Domiciliary Care Allowance is payable to a parent or guardian in respect of a child who has a severe disability and requires continual or continuous care and attention substantially over and above the care and attention usually required by a child of the same age. Domiciliary Care Allowance does not require a means test. As part of Budget 2025, I’ve increased this payment by a further €20 bringing it to €360 per month. This monthly payment has increased cumulatively by €50.50 under this Government. Expenditure in 2024 is estimated to be almost €274 million.

I can assure the Deputy that I am very aware of the key role that family carers play in Irish society and the challenges they face, and I will continue to keep the range of income supports provided to family carers by my department under review.

However, any further changes or improvements to the carer payments provided by my department, including the Carer’s Allowance payment, would need to be considered in an overall budgetary and policy context. I trust that this clarifies the issue for the Deputy.

Fuel Poverty

Ceisteanna (135)

Paul McAuliffe

Ceist:

135. Deputy Paul McAuliffe asked the Minister for Social Protection her views on the Committee on Social Protection, Community and Rural Development and the Islands' Report entitled ‘Report on Energy Poverty 2024’. [40508/24]

Amharc ar fhreagra

Freagraí scríofa

Firstly, I would again like to commend the Joint Committee on their excellent report and thank the members for their work on behalf of the committee.

As pointed out in the report, energy poverty is indeed a complex issue and is of concern for Government. High energy costs, low household incomes, and energy-inefficient housing all contribute to households suffering from the impact of energy poverty.

The Government is committed to protecting vulnerable households from the impact of energy costs through a combination of financial supports, energy efficiency awareness initiatives and investment in programmes to improve the energy efficiency of the housing stock. The supports provided by the Government are cross Departmental and, in this regard, my Department is represented on the Energy Poverty Action Group, with the overall strategy to combat Fuel Poverty and Energy Poverty under the remit of the Department of the Environment, Climate and Communications.

I am committed to working towards solutions to support those in energy poverty and my Department provides a range of supports to assist with energy costs.The Fuel Allowance is a payment of €33 per week for 28 weeks, which equates to a total payment of €924 each year. Fuel Allowance is paid 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. As part of Budget 2025, I was delighted to announce a number of measures in relation to the Fuel Allowance payment that will allow more households to receive the payment and also provide more financial support to those in receipt of the payment. These included:

• €300 once-off payment to all households receiving Fuel Allowance in November 2024.

• Carer’s Allowance will become a qualifying payment for Fuel Allowance from January 2025, subject to meeting all criteria of the Fuel Allowance scheme, including satisfying the Fuel Allowance means test.

• The enhanced over 70s Fuel Allowance qualifying conditions will be extended to people aged 66 and over from January 2025

The Household Benefits package comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €294 million this year on Household Benefits for over 529,000 customers. Under the supplementary welfare allowance scheme, my Department may also make Additional Needs Payments to help meet expenses that a person cannot pay from their weekly income. Over 5,800 additional needs payments were made in 2023 to assist with household bills and heating costs, at a total cost of almost €3 million. A heating supplement can be paid where a person has need for additional heating due to ill health or infirmity. There were over 815 recipients of this supplement at the end of September 2024.I trust that this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (136)

John McGuinness

Ceist:

136. Deputy John McGuinness asked the Minister for Social Protection if she will outline the pension entitlements due to a person (details supplied). [40515/24]

Amharc ar fhreagra

Freagraí scríofa

The person concerned reached pension age on 24 July 2022. To date my department has not received an application for state pension (contributory).

The person concerned was in receipt of the carers allowance and a qualified adult payment on their late partner's state pension (contributory). Both payments have now ceased.

Under current eligibility conditions, an individual must have 520 full-rate paid contributions in order to qualify for standard State pension (contributory). 520 full-rate contributions equates to 10 years of full-rate insurable employment. According to the records of my Department, the person concerned has a total of 75 full-rate contributions. Since their contributions fall short of the requisite contributions, they do not currently qualify for the standard state pension (contributory). I introduced a number of reforms to the State Pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks). As the person concerned has been in receipt of carers allowance for over 20 years, it is open to them to apply for long-term carers contributions (LTCC). Periods of caregiving do not need to be consecutive. If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record for state pension (contributory). If the person concerned has reckonable contributions in the UK or another country with which Ireland has a bilateral agreement, they may qualify for a pro-rata Bilateral pension. The rate of entitlement is based on the proportion of Irish full-rate contributions to the person’s total combined Irish and foreign social insurance contributions. It is also open to the person concerned to apply for the means-tested State Pension (non-contributory). The maximum rate is equivalent to 95% of the maximum rate of state pension (contributory).

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension (WCP) is only available to a surviving partner who was party to a marriage or civil partnership.

On 22nd January, the Supreme Court delivered its judgment on the entitlement of an unmarried cohabitant to a WCP. On foot of the decision of the Supreme Court, 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 was referred to the Office of Parliamentary Counsel for priority drafting and to the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands for Pre-Legislative Scrutiny. The Committee issued its report on the 26th July 2024. My officials are continuing to work closely with the Office of Parliamentary Counsel to develop and finalise this legislation and I intend to introduce it to the Oireachtas as soon as possible once that is done.

It is open to the person concerned to apply for a WCP. However, entitlement cannot be established until the new legislation has been enacted.

I have arranged for a pension caring supports application, state pension (contributory), state pension (non-contributory) and WCP forms to issue to the person concerned.

In relation to their late partner, arrears of pension are due to the next of kin. Officials in my Department have issued correspondence in this regard, however no response has been received to date. A copy of their late partner’s will or a copy of the funeral receipt, showing the name and address of the person who paid the funeral expenses, will be required to release these arrears. I have arranged for a copy of the correspondence to issue again to the person concerned. It is also open to the person concerned to apply for a Supplementary Welfare Allowance payment if the resources currently available to them are insufficient to meet their needs. 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 single Additional Needs Payments. If the person concerned considers that they may have an entitlement to financial support, they should contact their local Community Welfare Service for assistance. There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office. I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (137)

Seán Sherlock

Ceist:

137. Deputy Sean Sherlock asked the Minister for Social Protection the status of an application which has submitted further information (details supplied). [40548/24]

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 Appeals Officer, having fully considered all of the available evidence, decided to disallow the disability allowance appeal of the person concerned on 28th August 2024.

Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts.

On 6th September 2024, further information was received pertaining to the appellant and as a result a Section 317 Review of the appeal officer's decision was opened on 7th October 2024. Once a decision is made on this Section 317 review the named person will be notified in writing.

I trust this clarifies the matter for the Deputy.

State Pensions

Ceisteanna (138)

Catherine Murphy

Ceist:

138. Deputy Catherine Murphy asked the Minister for Social Protection if she will examine the rights and entitlements a person made in respect of pension contributions (details supplied). [40580/24]

Amharc ar fhreagra

Freagraí scríofa

The person concerned reached pension age on 8 July 2019. An application for state pension (contributory) (SPC) was received from them in April 2020.

In general, public servants who joined prior to 6 April 1995 paid modified contributions which are not reckonable for the standard state pension (contributory). However, such employees generally have an occupational pension, the level of which is related to a number of factors, including years of service.

To be eligible for the standard state pension (contributory) an individual must have at least 520 full-rate contributions. To qualify for a mixed insurance pension 520 employment contributions are required, of which at least 260 must be full-rate contributions with the remainder made up of modified contributions.

According to the records of my Department, the person concerned has 742 reckonable paid contributions, 877 HomeCaring Periods and 23 reckonable credits from 1967 to 2019. This gave entitlement to €196.10 per week which is equivalent to 78.94% of the maximum rate of state pension contributory.

The person concerned was also considered for a mixed Insurance pension based on their full rate and modified contributions. However as the pension calculation based on the full rate contributions was financially more beneficial to the person concerned they were awarded €196.10 per week.

Officials in my Department are contacting the former civil service employer to request a record of the person's employment. When this information is received, the person's entitlement will be reviewed and they will be notified of the outcome.

My Department introduced a number of reforms to the state pension (contributory) including a provision for people who have been caring for incapacitated dependents for over 20 years (1040 weeks).

If the person concerned has been caring for incapacitated dependents for over 20 years, they can apply for long-term carers contributions (LTCC). If the criteria are met, the equivalent of paid contributions may be attributed to cover gaps in their contribution record. The periods of caregiving do not need to be consecutive.

The quickest way to apply for LTCCs is online at MyWelfare.ie if the person has a verified MyGovID account. Further information is available on the Government website at gov.ie/pensions.

Where a person aged 66 or over qualifies for less than the maximum rate, it is also open to them to apply for one of the following:

• The means-tested 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 the maximum rate of state pension (contributory) where their spouse is in receipt of a contributory pension.

I hope this clarifies the position for the Deputy.

Social Welfare Appeals

Ceisteanna (139)

Michael Creed

Ceist:

139. Deputy Michael Creed asked the Minister for Social Protection when a decision will be made on an appeal by a person in County Cork (details supplied). [40609/24]

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 on the 30th September 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.

When these papers have been received from the Department, the case in question 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 appeal hearing.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (140)

Eoin Ó Broin

Ceist:

140. Deputy Eoin Ó Broin asked the Minister for Social Protection if there are any plans to change the eligibility for fuel allowance and the household benefits package for those on State pensions who have a family member living with them. [40634/24]

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 criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria including the household composition criteria. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

The Fuel Allowance guidelines allow a fuel applicant to live with a qualified spouse/civil partner/cohabitant or qualified child(ren). For the purposes of Fuel Allowance, a qualified child is one for whom an Increase for a Qualified Child is payable, or in the case of an applicant with no primary social welfare scheme, the child must be in full-time education if aged between 18 and 22.

A change in the qualifying criteria such as that proposed by the Deputy, would have to be carefully considered, as disregarding the income of another family member would change the targeted nature of the scheme.

There will always be exceptional cases and it is for this reason that the Supplementary Welfare Allowance scheme was introduced. Additional Needs Payments as part of the Supplementary Welfare Allowance scheme are available to people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers

The Household Benefits Package comprises the electricity or gas allowance, and the free television licence. The Department of Social Protection will spend approximately €294 million this year on the Household Benefits Package for over 529,000 customers.

People over the age of 70 receive the Household Benefits Package, with one package provided per household. The package is also available to people living in the State aged 66-69 years who are in receipt of certain social welfare payments or who satisfy a means test. The package is available to some people under the age of 66 who are in receipt of certain welfare type payments.

With regards to those aged 70 or over, the status or income of another person in the household will not prevent them qualifying for the Household Benefits Package.

In Budget 2020, it was announced that for Household Benefits Package applicants aged under 70 who are on a qualifying payment, another adult (except for the spouse, civil partner or cohabitant of applicant) living in the household will no longer be a disqualifying condition for the purposes of the Household Benefits Package. Therefore, the status and income of the members of a household (except for the spouse, civil partner or cohabitant of applicant) does not prevent a Household Benefits Package applicant from receiving the package.

I hope this clarifies the matter for the Deputy.

Roinn