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Tuesday, 7 Oct 2025

Written Answers Nos. 381-388

Social Welfare Eligibility

Ceisteanna (381)

Louise O'Reilly

Ceist:

381. Deputy Louise O'Reilly asked the Minister for Social Protection if he is aware that section 179(4) of the Social Welfare Consolidation Act 2005's criteria for when a relevant person shall be regarded as requiring full-time care and attention precludes many carers of neurodivergent people; if he is aware that this passage does not acknowledge the essential needs specific to neurodivergent people who require full-time care and attention; if guidance within his Department regarding these criteria and their application has been adapted so as to extend carer's allowance to carers of neurodivergent people; if guidance has been updated; if guidance has been sent out at a local level; and if he will make a statement on the matter. [53789/25]

Amharc ar fhreagra

Freagraí scríofa

Carer’s Allowance is a means-tested payment for people who are providing full-time care to someone who needs significant support due to age, physical or learning disability or illness. The main objective of the Carer’s Allowance payment is to provide an income support to carers whose ability to earn is substantially reduced because of their caring responsibilities.

To qualify for the Carer’s Allowance payment, the applicant must be providing full-time care and attention to a person who is so incapacitated that they require this level of care for at least 12 months.

A carer is regarded as providing full-time care and attention to a relevant person, where the number of hours providing such care is not less than 35 hours in a period of seven consecutive days, and care is provided on any five days, whether consecutive or not, within a period of seven consecutive days.

Carer’s Allowance is not intended to replace the full income a person might lose due to caring responsibilities, and it is not a wage for the work of caring. It is a social assistance support provided by the State to those who, because they are providing full-time care, are unable to earn or can only earn a limited income.

The legislation to which the Deputy refers does not preclude a person from being eligible for a carer's payment based on the disability or illness of the person being cared for.

Section 179(4) of the Social Welfare Consolidation Act 2005 sets out the circumstances in which a relevant person, the person being cared for, shall be regarded as requiring full-time care and attention. These circumstances are where the person has such a disability that they require from another person continual supervision and frequent assistance throughout the day with normal bodily functions or continual supervision to avoid danger to themselves. In addition, it provides that disability or illness is such that they are likely to require such full-time care and attention for at least 12 consecutive months and that the nature and extent of the person’s disability has been certified in the prescribed manner by a medical practitioner.

Eligibility for the carer income supports provided by my department, including Carer’s Allowance, is not dependent on the nature of the illness or disability of the person being cared for. What matters is the level of full-time care and attention required and provided by the applicant.

I can assure the Deputy that every application for the department's schemes is individually assessed, in line with the provisions specified in the relevant legislation. Assessment is based on the information provided by the claimant and the medical information provided by healthcare providers and taking into account the opinion of the Department’s Medical Assessor.

I trust that this clarifies the issue for the Deputy.

Gender Recognition

Ceisteanna (382)

Pádraig Rice

Ceist:

382. Deputy Pádraig Rice asked the Minister for Social Protection if he will enact the recommendations from the 2018 review of the Gender Recognition Act 2015 and the former Minister’s report in response to that review, which set out proposals to address several recommendations; and if he will make a statement on the matter. [53796/25]

Amharc ar fhreagra

Freagraí scríofa

My colleague the Minister for Children, Disability, Equality, Integration and Youth just published the National LGBTIQ+ Inclusion Strategy II 2024-2028 on 12 June 2025, along with its associated National LGBTIQ+ Inclusion Strategy II - Action Plan 2025-2026.

The remaining actions from the Gender Recognition Act 2025 Review are included in the National LGBTIQ+ Inclusion Strategy.

A Steering Committee, chaired by the Minister for Children, Disability, Equality, Integration and Youth will be established comprising representatives from the LGBTIQ+ community and statutory and non-statutory bodies including Government Departments.

My Department will be participating in progressing relevant actions in line with the Strategy and Action Plan.

I trust this clarifies matters for the Deputy.

Social Welfare Eligibility

Ceisteanna (383)

Séamus McGrath

Ceist:

383. Deputy Séamus McGrath asked the Minister for Social Protection to revise the approach to the income disregards for the means test for the carers allowance (details supplied). [53805/25]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government has set out a timeline which commits to significantly increasing the income disregards for Carer’s Allowance in each Budget with a view to phasing out the means test during the lifetime of the Government.

In terms of phasing out the means test, it is important that we make progress in a way that is sustainable, and which balances the allocation of the available budgetary resources each year across all priorities. This includes funding services to other vulnerable groups such as disabled people, lone parents and children.

Further improvements to the Carer's Allowance means test will be considered in the context of the upcoming Budget and in light of available resources.

I trust this clarifies the issue for the Deputy.

Employment Support Services

Ceisteanna (384)

Seán Ó Fearghaíl

Ceist:

384. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection his views on a submission regarding Pathways to Work 2026-2030 (details supplied); if he is supportive of the proposals therein; and if he will make a statement on the matter. [53791/25]

Amharc ar fhreagra

Freagraí scríofa

My Department has commenced work on a successor to the current employment services strategy, Pathways to Work Strategy 2021-2025. This new strategy will aim to carry on from the success of its predecessor which has focused on removing barriers to employment, providing tens of thousands of training and education places, enhancing the Public Employment Service, providing incentives to employers to take people off the Live Register, and delivering a special package of supports for those most disadvantaged and distant from the labour force.

A public consultation process on this new employment strategy was launched on the 10th of July and ran until the end of September. The submissions are currently being reviewed by my officials. Those submissions as well as the public meetings which are ongoing will inform the development of the new strategy. The submission to which the Deputy refers focusses issues relating to the employment of disabled people but it is not appropriate for me to comment on the specifics of individual submissions at this time.

The Government launched the National Human Rights Strategy for Disabled People 2025-2030 in September. The strategy adopts a whole-of-Government approach with individual Government Departments and State Agencies responsible for planning and delivering the commitments that come under their remit across five key pillars. One of these, Pillar 2, is focused on employment, co-chaired by my Department and the Department of Enterprise, Tourism and Employment. An action plan is currently being prepared.

Both strategies will work towards increasing the employment of disabled people and ensuring supports are in place for disabled people and their employers.

I trust this clarifies the matter for the Deputy.

Social Welfare Fraud

Ceisteanna (385)

Carol Nolan

Ceist:

385. Deputy Carol Nolan asked the Minister for Social Protection whether officials within her Department are authorised to share information received from members of An Garda Síochána seconded to the Department, particularly information relating to ongoing or potential criminal investigations, with other public bodies; whether such disclosures are governed by a specific legal basis under the general data protection regulation, the Data Protection Act 2018, or any internal departmental policy; and if he will make a statement on the matter. [53841/25]

Amharc ar fhreagra

Freagraí scríofa

My Department has an effective data governance framework in place to ensure that it meets its obligations as a data controller under the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 in respect of its data sharing activities. This includes putting in place specific Data Sharing Agreements in respect of the sharing of data with other Departments and agencies. My Department lawfully shares information with a number of Government Departments, bodies, agencies, and local authorities, for the purposes which are set out in the Social Welfare Consolidation Act 2005 and in other Acts.

Furthermore there is a Memorandum of Understanding between my Department and An Garda Síochána which provides for the secondment of members of An Garda Síochána to my Department for the purposes of detecting and investigating social welfare fraud. The Memorandum of Understanding requires that any data exchange between my Department and Gardaí on secondment is subject to the highest standards of confidentiality and security and in accordance with all relevant data protection legislation and rules. Members of An Garda Síochána seconded to my Department are obliged to adhere to the same Data Protection protocols and undertakings as all staff members.

I trust that this information is of assistance to the Deputy.

Social Welfare Fraud

Ceisteanna (386)

Carol Nolan

Ceist:

386. Deputy Carol Nolan asked the Minister for Social Protection whether her Department has a memorandum of understanding or any formal agreement in place with the Office of the Director of Public Prosecutions governing the transmission of case files or information from the Department to the DPP; whether officials within her Department are authorised, under any legislation, formal policy, or agreement, to inform other public bodies that a case file has been, or is to be, referred to the Office of the Director of Public Prosecutions; if such disclosures require the approval of the DPP or are subject to any data protection or confidentiality restrictions; and if he will make a statement on the matter. [53842/25]

Amharc ar fhreagra

Freagraí scríofa

My department’s policy is to consider the more serious cases of social welfare fraud for prosecution. Cases suitable for prosecution are identified during investigations conducted primarily by the Special Investigation Unit (SIU) of my department and Gardai seconded to SIU. Defined and recognised practice standards, set by the Director of Public Prosecutions (DPP) are applied in considering these cases.

Most offences of social welfare fraud are prosecuted summarily in the District Court under the provisions of Section 272 of the Social Welfare (Consolidation) Act 2005.

More serious cases of social welfare fraud may be referred to the DPP for prosecution on indictment.

My department does not inform other public bodies as to whether a case file has been or is to be referred to the DPP.

I trust this clarifies the matter for the Deputy.

Social Welfare Eligibility

Ceisteanna (387)

Barry Heneghan

Ceist:

387. Deputy Barry Heneghan asked the Minister for Social Protection the estimated cost in 2026 of increasing the income limit to be eligible for fuel allowance for persons aged over 66 to €560 per week for a single person or €1,120 for a couple; and if he will make a statement on the matter. [53847/25]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government includes a commitment to examine key ancillary benefits such as the Fuel Allowance, Household Benefits Package and Living Alone Increase to support vulnerable groups. This is an ongoing activity as part of the Department's budget planning each year and I will continue, as part of the budget planning process, to consider if improvements can be made to ensure that these benefits continue to target vulnerable groups.

The Department does not hold data on the means or household composition of pensioner households and, therefore, cannot provide a costing for the measure outlined by the Deputy.

Any further changes to the criteria for accessing the fuel allowance scheme would require additional funding for the scheme and therefore any decision to increase the Fuel Allowance thresholds would have to form part of overall budgetary negotiations.

There have been significant improvements made in recent years to the Fuel Allowance Scheme. These improvements have resulted in many more households qualifying for the payment and have resulted in the Budget for the scheme increasing significantly with an estimated expenditure on the scheme in 2025 of €400.5 million compared to an expenditure of €290.45 million in 2020.

I trust this clarifies the matter for the Deputy.

Social Welfare Rates

Ceisteanna (388)

Barry Heneghan

Ceist:

388. Deputy Barry Heneghan asked the Minister for Social Protection the estimated cost in 2026 if the living alone allowance increased to €26 per week; and if he will make a statement on the matter. [53848/25]

Amharc ar fhreagra

Freagraí scríofa

The estimated cost of increasing the Living Alone Allowance by €4 is €52.2 million. This represents an increase in the weekly rate from €22 to €26.

The above costing is on a full-year basis and is based on the estimated number of recipients in 2026. It should be noted that this costing is subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients for 2026.

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