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Wednesday, 4 May 2022

Written Answers Nos. 295-307

Social Welfare Eligibility

Questions (295)

Catherine Murphy

Question:

295. Deputy Catherine Murphy asked the Minister for Social Protection if she will raise the age for the home carers period scheme from 12 years of age to a minimum of 23 years of age for children in care based on the aftercare supports required by vulnerable children in the care of the State; and if she will make a statement on the matter. [21741/22]

View answer

Written answers

Subject to the standard qualifying conditions for State Pension (Contributory) also being satisfied, the State pension system already provides significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role.

This is provided through the award of PRSI credits and/or the application of the Homemaker’s Scheme (under the Yearly Average method for payment calculation) and/or the application of HomeCaring Periods (under the Interim Total Contributions Approach, also known as the Aggregated Contribution Method).

HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution (regardless of when they occurred) to a maximum of 20 years. The HomeCaring Scheme already provides for periods spent caring for children aged 12 years and older. HomeCaring Periods relate to full-time care for:

- a child or children under the age of 12 years of age;

- a child or children over the age of 12 who needs an increased level of care; or

- an adult who needs an increased level of care.

Only one person can benefit from a HomeCaring Period for supporting a child or adult at one time. HomeCaring Periods can only be used under the Interim Total Contributions Approach of pension calculation. Foster carers are entitled to the benefits of HomeCaring Periods on the same basis as other carers and will qualify if the carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, s/he can still qualify for HomeCaring Periods provided the caring periods are confirmed by Tusla.

Since April 2019, all new State Pension (Contributory) applications are assessed under all possible rate calculation methods, including the Yearly Average and the Interim Total Contributions Approach, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation.

It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), s/he may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory). Alternatively, if his/her spouse is a State pensioner and has significant household means, his/her most beneficial payment may be an Increase for a Qualified Adult, based on his/her personal means, and amounting to up to 90% of a full contributory pension.

The Pensions Commission was established in November 2020 to examine the sustainability of the State Pension system and the Social Insurance Fund. The Commission’s Report was published on 7th October 2021 and it set out a wide-range of recommendations, including enhanced pension provision for long-term carers (full-time caring for over 20 years). In the interests both of older people and future generations of older people, the Government intends to consider the comprehensive and far reaching recommendations in the Pensions Commission’s Report very carefully and holistically. In this regard, I intend bringing a recommended response and implementation plan to Government in the coming weeks.

I hope this clarifies the matter for the Deputy.

Social Welfare Eligibility

Questions (296)

Catherine Murphy

Question:

296. Deputy Catherine Murphy asked the Minister for Social Protection if the current cap of 20 years for the home carers period scheme could be removed for foster carers in order that it would accurately reflect the time contribution that foster carers give to foster children on behalf of the State; and if she will make a statement on the matter. [21742/22]

View answer

Written answers

Matters related to foster caring are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth and Tusla. This response covers State Pension provision for carers.

Subject to the standard qualifying conditions for State Pension (Contributory) also being satisfied, the State Pension system already provides significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role. This is provided through the award of PRSI credits and/or the application of the Homemaker’s Scheme (under the Yearly Average method for payment calculation) and/or the application of HomeCaring Periods (under the Interim Total Contributions approach also known as the Aggregated Contribution Method).

HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution (regardless of when they occurred) to a maximum of 20 years. Only one person can benefit from a HomeCaring Period for supporting a child or adult at one time. Foster carers are entitled to the benefits of HomeCaring Periods on the same basis as other carers and will qualify if the foster carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, s/he can still qualify for HomeCaring Periods provided the caring periods are confirmed by Tusla.

Since April 2019, all new State Pension (Contributory) applications are assessed under all possible rate calculation methods, including the Yearly Average and the Interim Total Contributions Approach, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation.

It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), s/he may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory). Alternatively, if his/her spouse is a State pensioner and has significant household means, his/her most beneficial payment may be an Increase for a Qualified Adult, based on his/her personal means, and amounting to up to 90% of a full contributory pension.

This Government acknowledges the important role that carers play and is fully committed to supporting them in that role. The Programme for Government “Our Shared Future” includes a commitment to examine options for a pension solution for carers, the majority of whom are women, particularly those of incapacitated children, in recognition of the enormous value of the work carried out by them.

The Pensions Commission was established in November 2020 to examine the sustainability of the State Pension system and the Social Insurance Fund. The Commission’s Report was published on 7th October 2021 and it set out a wide-range of recommendations, including enhanced pension provision for long-term carers (caring for over 20 years). In the interests both of older people and future generations of older people, the Government intends to consider the comprehensive and far reaching recommendations in the Pensions Commission’s Report very carefully and holistically. In this regard, I intend bringing a recommended response and implementation plan to Government in the coming weeks.

I hope this clarifies the matter for the Deputy.

Children in Care

Questions (297)

Catherine Murphy

Question:

297. Deputy Catherine Murphy asked the Minister for Social Protection if she will ensure that in cases in which a foster carer remains on the Tusla panel of approved foster carers and remains available for receiving a child into foster care that they continue to be included for State pension (contributory) purposes for the entire period of being on the approved panel; and if she will make a statement on the matter. [21743/22]

View answer

Written answers

Matters related to foster caring are the responsibility of my colleague, the Minister for Children, Equality, Disability, Integration and Youth and Tusla. This response covers State Pension provision for carers.

Subject to the standard qualifying conditions for State Pension (Contributory) also being satisfied, the State Pension system already provides significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role. This is provided through the award of PRSI credits and/or the application of the Homemaker’s Scheme (under the Yearly Average method for payment calculation) and/or the application of HomeCaring Periods (under the Interim Total Contributions approach also known as the Aggregated Contribution Method).

HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution (regardless of when they occurred) to a maximum of 20 years. Only one person can benefit from a HomeCaring Period for supporting a child or adult at one time. Foster carers are entitled to the benefits of HomeCaring Periods on the same basis as other carers and will qualify if the foster carer is in receipt of Child Benefit. If the foster carer is not in receipt of Child Benefit, s/he can still qualify for HomeCaring Periods provided the caring periods are confirmed by Tusla.

Since April 2019, all new State Pension (Contributory) applications are assessed under all possible rate calculation methods, including the Yearly Average and the Interim Total Contributions Approach, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation.

It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), s/he may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory). Alternatively, if his/her spouse is a State pensioner and has significant household means, his/her most beneficial payment may be an Increase for a Qualified Adult, based on his/her personal means, and amounting to up to 90% of a full contributory pension.

This Government acknowledges the important role that carers play and is fully committed to supporting them in that role. The Programme for Government “Our Shared Future” includes a commitment to examine options for a pension solution for carers, the majority of whom are women, particularly those of incapacitated children, in recognition of the enormous value of the work carried out by them.

The Pensions Commission was established in November 2020 to examine the sustainability of the State Pension system and the Social Insurance Fund. The Commission’s Report was published on 7th October 2021 and it set out a wide-range of recommendations, including enhanced pension provision for long-term carers. It recommended that long-term carers (defined as caring for more than 20 years) should be given access to the State Pension (Contributory) by having retrospective contributions paid for them by the Exchequer for any gaps in their contribution history arising from that caring. The Commission also recommended that relevant Departments should examine, in conjunction with relevant stakeholders, options for the creation of a statutory "Family Carer Register" which could, in time, facilitate the identification of long-term carers for State Pension (Contributory) purposes as well as assisting in the planning and delivery of services for family carers.

In the interests both of older people and future generations of older people, the Government intends to consider the comprehensive and far reaching recommendations in the Pensions Commission’s Report very carefully and holistically. In this regard, I intend bringing a recommended response and implementation plan to Government in the coming weeks.

I hope this clarifies the matter for the Deputy.

Public Services Card

Questions (298)

Réada Cronin

Question:

298. Deputy Réada Cronin asked the Minister for Social Protection the reason that applicants for passports and driving licences are still being asked to produce a public services card for the processing of same though no social-protection function applies in the matter of either; and if she will make a statement on the matter. [21774/22]

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Written answers

Since its inception in the late 1990s, the Public Services Card (PSC) has always been intended as a physical token of identity to be used in transactions between the citizens and the State, not just between citizens and my Department.

One of my functions as Minister for Social Protection is the authentication of the identity, as set out in the Social Welfare Consolidation Act 2005.

Once a person has successfully authenticated their identity in one of my offices, they are issued with a PSC which can be used as proof of identity when transacting with certain public bodies (“specified bodies”) listed in that Act. The list of specified bodies includes the Department of Foreign Affairs and Road Safety Authority, responsible for the issuing of passports and driving licences, respectively.

This fact was recognised and acknowledged by the Data Protection Commission (DPC) in the Agreement of December last which settled my Department’s appeal of an Enforcement Notice issued by the DPC.

The DPC acknowledged in that Agreement that any specified body may use the PSC as a means of verifying the identity of the people they deal with, provided that they also accept other proofs of identity.

The question of whether a specified body seeks production of a PSC as proof of identity is a matter for those bodies. 

Social Welfare Payments

Questions (299)

Éamon Ó Cuív

Question:

299. Deputy Éamon Ó Cuív asked the Minister for Social Protection the reason that a carers allowance payment for a person (details supplied) was suspended given that prior notification was sent to her Department informing the section that further information would be submitted as part of a review; if the payment will be reinstated pending decision of review submitted; and if she will make a statement on the matter. [21780/22]

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Written answers

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

Once claims are in payment, the Department periodically reviews them to ensure that there is continued entitlement.

A review was initiated on this application and the person’s file was subsequently referred to a local Social Welfare Inspector (SWI) to evaluate means and to confirm that all the conditions for receipt of CA are satisfied.

It is a necessary condition for receipt of CA that full-time care and attention must be provided.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

On foot of the SWI report, correspondence issued to the person concerned on 10 February 2022 advising their CA was being reconsidered which could result in their payment being terminated and afforded them an opportunity to submit any statement or evidence they wished to have considered.

On 25 February 2022 additional time was requested to provide evidence.

By 12 April 2022, no further information was received, and notification issued to the person concerned confirming their payment would stop on 27 April 2022.

On 14 April 2022 further information was provided and following a review of this information, carer's allowance was reinstated from 28 April 2022.

The person concerned was notified on 25 April 2022 of this decision, the reason for it and of his right of review and appeal.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (300)

Bernard Durkan

Question:

300. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [21784/22]

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Written answers

Domiciliary Care Allowance (DCA) is payable in respect of children with a severe disability who require care and attention substantially in excess of that required by children of a similar age without such a disability, providing this additional care is likely to last for at least 12 months.

An application for Domiciliary Care Allowance (DCA) was received from the person concerned on the 24th March 2022. Applications are processed in date of receipt order; currently applications received late February 2022 are being dealt with. The Deciding Officer will notify the customer in writing as soon as the application has been finalised.

I hope this clarifies the position for the Deputy.

Widow's Pension

Questions (301)

Brendan Griffin

Question:

301. Deputy Brendan Griffin asked the Minister for Social Protection if a widows grant in respect of a dependant will be paid to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [21787/22]

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Written answers

The Widowed Parent Grant is a once-off payment for widows, widowers or surviving civil partners with qualified children, following the death of their late spouse. This scheme only applies to widows, widowers or surviving civil partners with at least one qualified child, at the time of death of their late spouse.

There is no record of any application for the Widowed Parent Grant or Widows Contributory Pension, having been received to date from the person concerned, in my Department. I have arranged for application forms for the Widowed Parent Grant and the Widows Contributory Pension to be posted to the person concerned. When the completed application forms are received in my Department, a decision will be made and the person concerned will be notified of outcomes without delay.

I trust this clarifies the matter for the Deputy

Social Welfare Benefits

Questions (302)

Carol Nolan

Question:

302. Deputy Carol Nolan asked the Minister for Social Protection the number of persons currently in receipt of jobseeker’s benefit or jobseeker’s allowance who have been in receipt of either payment for a continuous period of three years or; and if she will make a statement on the matter. [21818/22]

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Written answers

Jobseeker's Benefit and Jobseeker's Allowance schemes are statutory supports which provide income support for people who have lost work and are unable to find alternative full-time employment. Jobseeker's benefit is a contributory unemployment benefit based on Pay Related Social Insurance (PRSI) contributions while Jobseeker’s Allowance is means tested social assistance payment.

A person is entitled to a Jobseekers payment for any day of unemployment provided that they meet the relevant scheme conditions, including being unemployed for at least 4 days out of 7 days. The 2022 Estimates for my Department provide for expenditure this year on the jobseekers’ schemes of €2.17 billion.

The numbers of Jobseekers currently in receipt of Jobseeker's Allowance for a continuous period of 3 years or more is approximately 36,800 which includes over 9,000 who are working on a part time or casual basis or who are self employed. The figures provided exclude those in receipt of Back to Education Allowance and who were previously in receipt of Jobseeker's Allowance.

Jobseekers Benefit is payable for 9 months or 234 days for people with 260 or more PRSI contributions paid. It is paid for 6 months or 156 days for people with fewer than 260 PRSI contributions paid. Given the duration limit on the payment of the scheme, the number who are paid over a continuous period of 3 years or more is negligible with some 15 recipients who are engaged in casual employment.

The Government’s strategy for supporting unemployed people back into work, including those in long term unemployment, is the Pathways to Work 2021-2025 published in July 2021. The strategy aims to restore unemployment back to or below pre-pandemic levels, while targeting better employment outcomes for all.

I trust that this clarifies the position at this time.

Social Welfare Payments

Questions (303)

Bernard Durkan

Question:

303. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made in attempting to have funds recovered following the transfer to an incorrect account in the case of a person (details supplied); and if she will make a statement on the matter. [21832/22]

View answer

Written answers

An Illness Benefit claim from the person concerned was awarded on the 14th February 2022 and an arrears payment issued to her on this date. The person concerned subsequently informed us that she had provided incorrect bank details on her application form, and as such the arrears payment had issued to the incorrect bank account.

My department's accounts section has contacted the bank to request that the payment is returned to us. Once this payment has been returned, the payment can be reissued to the person concerned.

I trust this clarifies the position for the Deputy.

Social Welfare Code

Questions (304)

Jim O'Callaghan

Question:

304. Deputy Jim O'Callaghan asked the Minister for Social Protection if there are any proposals to change the social welfare code in order that carers can avail of fuel allowance which is available to others; and if she will make a statement on the matter. [21845/22]

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Written answers

The Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 each year) from October to April, which is currently supporting over 372,000 households, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.

The Government values the role of carers very much and it is for this reason that they receive significant income supports from the Department. In addition to Carer’s Allowance, carers receive additional support in the form of free travel and household benefits (for those who live with the person for whom they care) and the annual Carer's Support Grant (€1,850) in respect of each person for whom they care.

While Carer's Allowance is not a qualifying payment for Fuel Allowance, a person in receipt of Carer's Allowance may avail of the fuel allowance payment in certain circumstances. Fuel Allowance is a household-based payment, and a carer will very often live with and care for a person in receipt of a qualifying payment for Fuel Allowance. Income from full rate Carer's Allowance is disregarded from the fuel means test, if the carer is providing full time care and attention to the Fuel Allowance applicant, his/her qualified spouse/civil partner or cohabitant or qualified child(ren).

If a person is getting certain qualifying social welfare payments and also providing full time care and attention to another person, s/he can keep his/her main social protection payment in addition to receiving the half-rate Carer's Allowance. S/he can also receive an extra half-rate Carer’s Allowance if s/he cares for more than one person. The payment of half-rate Carer’s Allowance does not preclude a person from qualifying for Fuel Allowance. If a person is in receipt of a non-contributory social welfare payment and a half-rate Carer’s Allowance, then s/he is deemed to have satisfied the means test and Fuel Allowance is payable, subject to all remaining criteria being satisfied. If a person is in receipt of a contributory social welfare payment and a half-rate Carer’s Allowance then s/he will have to satisfy a means test in order to qualify for Fuel Allowance.

Any decision to adjust the rules of Fuel Allowance to make Carer's Allowance a qualifying payment for Fuel Allowance would have budgetary consequences and would have to be considered in the context of overall budget negotiations.

Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.

I hope this clarifies the matter for the Deputy.

Social Welfare Code

Questions (305)

Seán Canney

Question:

305. Deputy Seán Canney asked the Minister for Social Protection if she will ensure that disabled artists will not be penalised and will be able to retain their disability payments if they are successful in qualifying for the basic income for artists; and if she will make a statement on the matter. [21874/22]

View answer

Written answers

My Department provides a range of income supports for people unable to work due to illness or disability. The largest disability related social assistance scheme is the Disability Allowance.

Disability Allowance is a means-tested payment for people with a specified disability that must be expected to last for at least one year, substantially restricting a person’s ability to undertake work which would otherwise be suitable for persons of similar age, experience, and qualification. The person must be aged between 16 and 66 and be habitually resident in the State. At the end of March 2022, in excess of 155,000 persons were in receipt of this payment.

Disability Allowance is structured to support recipients to avail of opportunities to pursue employment, be that self-employment or insurable employment. When an individual commences employment, they can avail of an income disregard of €140 per week. In addition, 50% of earnings, between €140 and €350, are also disregarded, i.e. 50% of earnings in this band are disregarded for the purpose of the means test. Earnings above €350 per week are assessed in full.

Resulting from Budget measures, the following increases will apply from June:

1. An increase in the earnings threshold above which means is fully assessed - by €25 per week, from €350 to €375 per week.

2. An increase in the general weekly means disregard entry point for Disability Allowance from €2.50 to €7.60. Currently the first €2.50 of weekly means is disregarded for Disability Allowance. The effect of this measure will be to increase the weekly rate of payment by up to €5.10 per week for Disability Allowance recipients who have means.

Income from the Basic Income for the Arts Pilot Scheme will be treated as income from self-employment, and as a result the disregards above will apply. A new web page has been created on Gov.ie which details the ‘Interaction of the Basic Income for the Arts Pilot Scheme with DSP payments’. This page will be updated as required.

My Department regularly reviews its supports and payments schemes to ensure that they continue to meet their objectives, while any proposed changes must be considered in an overall policy and budgetary context.

Social Welfare Payments

Questions (306)

Aengus Ó Snodaigh

Question:

306. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the reason a person (details suppled) is awaiting payments of illnesses payments relating to a period of weeks when they were out of work as a carer from 3 January 2022. [21915/22]

View answer

Written answers

There was some delay in processing the Enhanced Illness Benefit claim from the person concerned as it overlapped with her Carer's Allowance payment. The monetary difference between this payment and her Enhanced Illness Benefit entitlement needed to be calculated before any payments due to her could issue.

Her Enhanced Illness Benefit claim has now been awarded and payment has issued to her.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (307)

John McGuinness

Question:

307. Deputy John McGuinness asked the Minister for Social Protection if she will expedite a response to a carer’s allowance application by a person (details supplied); and if she will make a statement on the matter. [21940/22]

View answer

Written answers

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 19 July 2021.

A decision of an Appeals Officer is generally final apart from some limited circumstances. Social Welfare legislation allows an Appeals Officer to revise his or her decision where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been brought to his or her notice.

I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer reviewed the appeal on foot of this additional evidence. The Appeals Officer did not find any new facts or evidence which warranted a revision of her earlier decision. The person concerned was notified of the Appeals Officer’s decision on 9 December 2021.

I am advised that the person concerned has submitted additional evidence and that the Appeals Officer has again agreed to review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.

I trust this clarifies the matter for the Deputy.

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