Niamh Smyth
Question:935. Deputy Niamh Smyth asked the Minister for Social Protection for an update on a pension application by a person (details supplied); and if she will make a statement on the matter. [17739/23]
View answerState Pensions
Questions (935)
Written answers
The person concerned is in receipt of the State Pension (contributory) at the maximum weekly personal rate of €265.30. The increase for a qualified adult on their State Pension (contributory) was paid to 30 June 2022.
An increase for qualified adult is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed the means limit. Where a qualified adult has weekly means in excess of €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment.
As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. Following a review, the qualified adult of the person concerned was assessed with personal means of €376.50 per week. As this exceeded the allowable limit of €310.00, the qualified adult payment was stopped from 30 June 2022.
The person concerned appealed the decision to the independent Social Welfare Appeals Office; the appeal was disallowed, and they were notified of the outcome in writing.
I hope this clarifies the position for the Deputy.
State Pensions
Questions (936)
Brendan Griffin
Question:936. Deputy Brendan Griffin asked the Minister for Social Protection if a State pension award in respect of a person (details supplied) in County Kerry was assessed under the total contribution approach and averaging; and if she will make a statement on the matter. [17744/23]
View answerWritten answers
The person concerned reached pension age on 23 March 2015. An application for State Pension (contributory) was received on 7 March 2023.
State Pension (contributory) applications are assessed under the Yearly Average method and the Total Contributions Approach, with the most beneficial rate paid.
The person concerned has a total of 773 reckonable contributions and 45 credits from their date of entry into insurable employment in 1965 to 2014 which equates to a yearly average of 16 contributions. This gave entitlement to a reduced State Pension (contributory) at 65% of the maximum rate. A yearly average of 48 contributions is required to receive the maximum rate State Pension (contributory).
Entitlement using the Total Contributions Approach was also assessed. A total of 773 reckonable contributions combined with the maximum permissible number of Home Caring periods and reckonable credits of 1,040, gave a total of 1,813. This gave entitlement to 87.16% of the maximum rate State Pension (contributory).
The State Pension (contributory) was awarded using the Total Contributions Approach from 9 December 2022, the date on which the self-employment liability was deemed as discharged. The person concerned was notified in writing on 28 March 2023. A copy of their insurance record also issued.
The person concerned is currently in receipt of the most financially beneficial rate of State pension (contributory) commensurate with their social insurance record. If they consider that they have additional contributions or credits that have not been recorded, it is open to them to forward documentary evidence to my Department and their pension entitlement can be reviewed.
I hope this clarifies the position for the Deputy.
Departmental Staff
Questions (937)
Peadar Tóibín
Question:937. Deputy Peadar Tóibín asked the Minister for Social Protection the number of Departmental staff currently on sick or stress leave; and the number who took stress or sick leave in each of the past five years and to date in 2023, in tabular form. [17786/23]
View answerWritten answers
The table below illustrates the number of staff who are currently absent, as of 12 April 2023, on sick leave, and of those 317 staff, those who are medically certified as either ‘stress’ or ‘work stress’ i.e. 15 staff.
2023 to date figures are also given, as are those for the previous five years. These figures reflect total number of separate absences within these years, i.e., they include repeat/multiple absences by same officer.
|
Year |
No. of individual absences on sick leave |
No. of absences related to stress |
|
2023 to date |
2615 |
26 |
|
2022 |
8627 |
154 |
|
2021 |
5874 |
147 |
|
2020 |
5983 |
168 |
|
2019 |
10549 |
236 |
|
2018 |
10968 |
286 |
Departmental Staff
Questions (938)
Peadar Tóibín
Question:938. Deputy Peadar Tóibín asked the Minister for Social Protection the number of allegations of bullying made by departmental staff against departmental staff in each of the past five years, and to date in 2023, in tabular form; and if she will detail what actions are being taken by her Department to investigate the allegations, or if they are being investigated. [17804/23]
View answerWritten answers
My Department is committed to creating a working environment free from bullying, harassment and sexual harassment. All complaints from employees of the Department are treated seriously and managed in accordance with the procedures set out in the Dignity At Work policy, the Code of Practice for Employers and Employees on the Prevention and Resolution of Bullying at Work (S.I. 674 of 2020) and the Code of Practice on Sexual Harassment and Harassment at Work (2022).
The Dignity at Work policy is the anti-bullying, harassment and sexual harassment policy for the Irish Civil Service. This policy is available to all employees on the Department’s internal information hub, Stór and is publicly available on the gov.ie website.
Training on the Dignity At Work policy is provided through my Department’s Induction course for all new entrants. My Department also raises awareness of the policy at staff fora held as part of the Department’s Staff Engagement Strategy. To mark Workplace Wellbeing Day 2022 my Department recorded a video on Dignity At Work which is available to all staff on the DSP Wellbeing youtube channel.
Officials in my Department’s HR Division engage early with all parties to a complaint to promote the use of informal resolution and mediation, in line with the Dignity at Work policy and best practice. Formal investigations only take place where those methods have been exhausted and if warranted in accordance with the policy.
The number of complaints containing allegations of bullying made by departmental staff against departmental staff in each of the past five years and to date in 2023 is set out in the table below. All of these complaints were fully managed in accordance with the Dignity At Work policy with two resulting in formal investigations carried out by an external workplace investigator.
|
Year |
Allegations of bullying |
|
2018 |
8 |
|
2019 |
9 |
|
2020 |
6 |
|
2021 |
7 |
|
2022 |
5 |
|
2023 to date |
0 |
Departmental Staff
Questions (939)
Peadar Tóibín
Question:939. Deputy Peadar Tóibín asked the Minister for Social Protection the number of Departmental staff dismissed in each of the past ten years and to date in 2023, in tabular form. [17822/23]
View answerWritten answers
The table below outlines the number of staff who have been dismissed from the Department of Social Protection (DSP) in accordance with the relevant Disciplinary Codes, those being:
- Circular 14/2006: Civil Service Disciplinary Code revised in accordance with the Civil Service Regulation (Amendment) Act 2005;
- Circular 09/2016: Civil Service Disciplinary Code;
- Circular 04/2019: Disciplinary procedures for new entrant civil servants serving in a probationary capacity.
|
Year |
No. of employees dismissed |
|
2013 |
4 |
|
2014 |
0 |
|
2015 |
2 |
|
2016 |
2 |
|
2017 |
7 |
|
2018 |
5 |
|
2019 |
4 |
|
2020 |
1 |
|
2021 |
1 |
|
2022 |
2 |
|
2023 |
6 |
|
Total |
34 |
Social Welfare Appeals
Questions (940)
Michael Collins
Question:940. Deputy Michael Collins asked the Minister for Social Protection the reason a person (details supplied) was refused a disability allowance; if the case will be reviewed; and if she will make a statement on the matter. [17883/23]
View answerWritten answers
Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 years or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions
I confirm that my Department received an application for DA from the person concerned on 15 September 2022. Based on the evidence supplied in support of this application, it was disallowed on the grounds that the person concerned failed to provide sufficient information enabling the Deciding Officer (DO) to determine if her means exceed the statutory maximum allowed under the DA Scheme. The person in question failed to provide information requested by the Social Welfare Inspector (SWI) on 17 October 2022. In addition, no decision has been made on the person concerned habitual residence as the above information remained outstanding.
The person concerned was notified in writing of this decision on 23 November 2022, and they were given the right to a review or an appeal.
An appeal was lodged with the independent Social Welfare Appeals Office (SWAO). On 5 April 2023, the SWAO notified the DA section that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the SWAO regarding their appeal.
An Appeals Officer’s decision is final and conclusive in absence of any fresh facts or evidence. It is open to the person in question to reapply for DA, providing all the information required to complete an application. A DA application form has been posted to the person concerned on 11 April 2023.
I trust this clarifies the matter for the Deputy.
Social Welfare Payments
Questions (941)
John McGuinness
Question:941. Deputy John McGuinness asked the Minister for Social Protection if the one-parent family payment will be restored in the case of a person (details supplied) while all outstanding matters are being resolved. [17886/23]
View answerWritten answers
One Parent Family payment at full rate has been awarded in this case and a decision letter issued to the person concerned outlining payment details on 30 March 2023.
One Parent Family payment including arrears has been issued to the person's nominated post office on 5 April 2023.
Insurance Coverage
Questions (942)
Ivana Bacik
Question:942. Deputy Ivana Bacik asked the Minister for Social Protection her plans to introduce a State life insurance for persons who are excluded from such cover due to chronic illness and other life-long conditions (details supplied). [17916/23]
View answerWritten answers
I thank the Deputy for this Parliamentary Question but regret it is not a matter for my Department. Life insurance is regulated by the Central Bank and monitored by the Department of Finance.
State Pensions
Questions (943)
James Lawless
Question:943. Deputy James Lawless asked the Minister for Social Protection if she will examine a matter in relation to the pension of a person (details supplied); and if she will make a statement on the matter. [17929/23]
View answerWritten answers
The person concerned reached pension age on 16 April 2016. An application for State Pension (contributory) was received on 7 January 2016.
According to the records of my Department, the person concerned has a total of 1,785 total reckonable contributions and credits from their date of entry into insurable employment in 1966 to the end of 2015, the tax year prior to their 66th birthday. This equates to a yearly average of 36 contributions and gives entitlement to a reduced State Pension (contributory) at the current weekly rate of €238.50.
A further 195 reckonable contributions or credits are required to qualify for €260.10 per week. To qualify for the maximum weekly rate of €265.30, a further 595 contribution or credits are required.
The person concerned appealed the decision to the independent Social Welfare Appeals Office; the appeal was disallowed on 29 July 2019, and the person notified of the outcome in writing.
On 27 September 2022, the person requested a review of the Appeal Officers decision. Following a review by the Social Welfare Appeals office on 3 November 2022, their original decision was upheld.
On receipt of further information, the record of the person concerned was reviewed by the State Pension (contributory) section. The information provided for the years 1996, 1997, 2005 and 2006 was in respect of PAYE and PRSI for their employees. If there are outstanding self-employment contributions due to be paid in respect of those years, it is open to the person concerned to contact the Revenue Commissioners.
Section 110(1) of The Social Welfare Consolidation Act 2005, provides that where outstanding self-employment contributions are paid subsequent to an applicant reaching pension age, State pension (contributory) will be awarded from the date on which self-employment liability is deemed as discharged or in this case, any increase to the rate of State Pension (contributory) can be awarded for the date the liability is discharged.
I have arranged for a social welfare inspector in my Department to contact the person concerned to discuss their record. They will arrange an appropriate location, either the home of the person concerned or the Department’s office.
It is also open to the person concerned to apply for the State Pension (non-contributory) which is a means-tested payment with a maximum payment of €254.00 per week.
I hope this clarifies the position for the Deputy.
Social Welfare Payments
Questions (944)
John McGuinness
Question:944. Deputy John McGuinness asked the Minister for Social Protection if the carer’s allowance arrears due to a person (details supplied) will be paid immediately. [17932/23]
View answerWritten answers
Carer's Allowance 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.
A Carer's Allowance award letter issued to the person concerned on 1 March 2023. This included details in relation to the backdating of their payment. As the person concerned had an outstanding debt with the Department, a letter from the Department's Debt Recovery Section issued to the person concerned on 3 March 2023. This letter proposed that part of the arrears of CA would be withheld to clear the outstanding debt to the Department. The person concerned was given the option to contact the Department within 21 days if there were any facts or circumstances that the person would like considered in this regard. As no response was received, the amount of the outstanding debt was withheld from the arrears and the balance was paid to their nominated bank account on 5 April 2023.
I hope this clarifies the matter for the Deputy.
Social Welfare Appeals
Questions (945)
Robert Troy
Question:945. Deputy Robert Troy asked the Minister for Social Protection if she will provide an update on the contributory pension appeal by a person (details supplied); and if an oral hearing can be arranged. [18025/23]
View answerWritten 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.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on 7 December 2022. 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. Those papers were received in the Appeals Office on 2 March 2023 and the case was referred to an Appeals Officer on 6 April 2023, which will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.
The request for an oral hearing has been notified to the Appeals Officer assigned to the case, however it should be noted that the regulations governing appeals provide that it is a matter for the Appeals Officer to decide whether an oral hearing is required or if an appeal can be decided by way of summary decision.
I trust this clarifies the matter for the Deputy.
Departmental Correspondence
Questions (946)
James Lawless
Question:946. Deputy James Lawless asked the Minister for Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [18143/23]
View answerWritten answers
Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 years or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.
I confirm that my Department received an application for DA from this person on 14 February 2023. Based on the evidence supplied in support of this person’s application, his application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 25 March 2023. All applicants to DA have the right to have a decision reviewed and can present additional supporting medical evidence to the DA section to assist their claim.
However, the person concerned informed the DA section on 11 April 2023 that they wished to appeal the decision and informed the Department that they will submit further documentation to support their appeal as soon as possible.
DA section sent the Appeal request to the independent social welfare appeals office (SWAO) on 11 April 2023. The person will be notified directly regarding the outcome of the appeal by the SWAO.
I trust this clarifies the matter for the Deputy.
Pension Provisions
Questions (947)
Gerald Nash
Question:947. Deputy Ged Nash asked the Minister for Social Protection her Department's views on correspondence (details supplied) which relates to the application of change of status PRSI credits which relate to former public servants who transition to private sector self-employment during their career; if she is concerned at any disadvantage that arises from a pension perspective for workers in this category; if she plans to review the position; and if she will make a statement on the matter. [18191/23]
View answerWritten answers
Credited contributions, including change of status credits, are not applicable in the case of self-employed Class S contributors, such as the person referred to by the Deputy.
Class S contributions are set at a significantly lower rate than that paid in respect of the vast majority of employees and their employers, under Class A. Providing reckonable income is €5,000 per annum, the Class S contribution rate is 4% with a minimum charge of €500. This compares with a combined PRSI rate of 15.05% for employees.
Consideration of the provision of Class S credits (and any other extension of benefits) in the future could only be considered in light of the significant cost implications and the current rate of Class S PRSI contributions payable.
I trust this clarifies the matter for the Deputy.
Employment Support Services
Questions (948)
Aengus Ó Snodaigh
Question:948. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection her future plans regarding the employability service which supports people in the community who have a disability, illness, injury or mental health issue in returning or starting in employment; the funding level; the number of people employed in delivering the services; the number of people helped by the services in each of the past ten years in each of the centres; and if she will make a statement on the matter. [18294/23]
View answerWritten answers
Employment services for people with disabilities are currently provided by 23 EmployAbility service providers across the State on behalf on my Department. My officials are preparing a procurement process to update current EmployAbility service contracts in order to comply with legal advice from the Attorney General and Chief State Solicitor’s Office and to meet the Department’s objective of shifting emphasis from financial monitoring of Service Providers to focusing on service quality for clients.
It is not the intention of this procurement to significantly change the nature of the services currently provided to clients, reflecting the overall effectiveness of the current service. Independent reviews undertaken of the service provision found that they were broadly satisfactory.
The proposed new EmployAbility contract model aims to enhance the autonomy of the service providers giving them control over financial and staffing decisions to enable them to more effectively provide a high-quality employment service for people with disabilities.
Stakeholder engagement is a key aspect of this procurement and my officials have met with each EmployAbility service provider in recent months to discuss the planned procurement process. This engagement will continue until the publication of the request for tender, planned for later this year.
It is in everyone’s interests that my Department continues to provide a quality employment service for people with disabilities and they will continue to work with all stakeholders on the best way to achieve this while ensuring contracts are legally compliant.
The 23 EmployAbility Service Providers currently employ approximately 165 staff, of whom some 122 are job coaches. The service has an active caseload nationally at any one time of about 3,000 clients (or an equivalent turnover of circa 2,000 clients per year). The specific information requested by the Deputy is not readily available. In 2023, the total contract value of the 23 EmployAbility service providers is €10.9 million.
I trust this clarifies the matter for the deputy.
Employment Support Services
Questions (949, 950)
Aengus Ó Snodaigh
Question:949. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection whether any assessment was carried out of the effects the enforced closure of Employability West at the end of 2021 had on those who were dependent on its tailored services which supported people in the community who have a disability, illness, injury or mental health issue in returning or starting in employment; if they managed to continue their employment unsupported, linked in with other equivalent services, or remained at home; and if she will make a statement on the matter. [18295/23]
View answerAengus Ó Snodaigh
Question:950. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will increase funding to ensure that the supports that the employability services delivers is enhanced and rolled out on a local basis where a demand for such services are; and if she will make a statement on the matter. [18296/23]
View answerWritten answers
I propose to take Questions Nos. 949 and 950 together.
My Department has contracts with 23 service providers for the provision of an Employability service across the State. In 2023, the total contract value for those contracts is approximately €10.9 million.
The decision of the board of Employability West to cease operations and to decline the Department’s offer of a contact for the provision of services in 2022 was disappointing but entirely a decision of that Board and not in any way enforced by the Department. Other EmployAbility service providers in the Dublin area were in a position to ensure continuity of services in West Dublin. No specific assessment was undertaken on the impact of the closure of EmployAbility West.
Engagement with EmployAbility service is entire voluntary and there are currently very short waiting lists for the service.
My officials are preparing a procurement process to update current EmployAbility service contracts in order to comply with legal advice from the Attorney General and Chief State Solicitor’s Office and to meet the Department’s objective of shifting emphasis from financial monitoring of Service Providers to focusing on service quality for clients.
It is not the intention of this procurement to significantly change the nature of the services currently provided to clients, reflecting the overall effectiveness of the current service. Independent reviews undertaken of the service provision found that they were broadly satisfactory.
The proposed new EmployAbility contract model aims to enhance the autonomy of the service providers giving them control over financial and staffing decisions to enable them to more effectively provide a high-quality employment service for people with disabilities.
I trust this clarifies the matter for the Deputy.
Question No. 950 answered with Question No. 949.
Social Welfare Eligibility
Questions (951)
John McGuinness
Question:951. Deputy John McGuinness asked the Minister for Social Protection the reason the one-parent family payment and, separately, supplementary welfare allowance were not approved in the case of a person (details supplied) given the hardship they are experiencing; and if they qualify for any social welfare benefits. [18299/23]
View answerWritten answers
The person concerned does not qualify for One-Parent Family Payment (OPFP) as their means exceed the amount of One Parent Family Payment payable to them based on their family circumstances.
The person concerned weekly means from employment is €134.73 and they also receive maintenance of €350.
Therefore the person concerned total weekly means from all sources is €484.73 which is in excess of the figure of € 388.00 needed to receive a payment
Equally the person concerned is not entitled to Supplementary Welfare Allowance as their weekly means are more than the amount of Supplementary Welfare Allowance payable to them based on their family circumstances.
Should the person concerned wish to request a review/appeal this option is open to them.
Please also note that the person concerned may apply for an Additional Needs payment to meet any specific exceptional costs which the person concerned cannot meet from their own resources. We would need documents detailing the cost and detailing the person concerned ability or lack of ability to meet this cost in order to assess an Additional Needs payment claim.
Departmental Policies
Questions (952)
Pa Daly
Question:952. Deputy Pa Daly asked the Minister for Justice to make a statement on the restorative justice initiatives his Department supports; and any plans he may have to legislate in the area. [18054/23]
View answerWritten answers
Restorative justice is one of a suite of measures available to the criminal justice system. Restorative justice practices take different forms, founded on the principle of consent, and aim to enable those affected by an offence to participate actively in repairing the harm done and find a positive way forward.
At present, restorative justice is delivered by the Probation Service both pre-sentence and post-sentence; by An Garda Síochána, within the Garda Youth Diversion Programme; and by Community-Based Organisations that receive referrals at specific points in the criminal justice process.
It is already an important part of the work of the Probation Service, which established a National Restorative Justice and Victim Services Unit in 2018.
There are two projects in receipt of Probation Service funding that provide dedicated restorative justice interventions in response to requests from the Court. The Restorative Justice Service in the Greater Dublin Area and Restorative Justice in the Community in the Laois, Offaly and Tipperary region. A number of other projects also provide restorative justice interventions as part of a wider suite of services to offenders.
In Budget 2023, the Probation Service was allocated additional funding to support the development of capacity in community-based organisations to facilitate restorative justice services.
To progress the Programme for Government commitment on restorative justice the Review of Policy Options for Prison and Penal Reform 2022-2024 specifically commits to publishing policy proposals to create awareness and availability of restorative justice at all stages of the criminal justice system.
Further, actions relating to developing restorative justice in Ireland have been identified in each of the three most recent Justice Plans, most recently Justice Plan 2023.
Work on policy proposals in this regard has been ongoing, and I hope to publish a policy paper shortly.
Further, in terms of legislating in this area, my Department has commenced a policy review of the Criminal Justice (Community Sanctions) Bill 2014. As part of this review, due consideration is being given to providing a statutory basis for restorative justice as an option at certain points during the criminal justice system. Consideration of this matter is ongoing, and I hope to publish the report of the review shortly.