Skip to main content
Normal View

Wednesday, 8 Feb 2023

Written Answers Nos. 260-277

Social Welfare Eligibility

Questions (260)

Claire Kerrane

Question:

260. Deputy Claire Kerrane asked the Minister for Social Protection the number of additional families that will be eligible for the working family payment as a result of the €40 income increase announced in budget 2023; and if she will make a statement on the matter. [5722/23]

View answer

Written answers

I am pleased that Budget 2023 included a social welfare package of more than €2.1 billion.  This extensive package includes measures in relation to the Working Family Payment.  Approximately half of the recipients of Working Family Payment are single adult households so these measures are also of benefit to lone parents.

The Working Family Payment is an in-work support which provides an income top-up for employees on low earnings.  The Working Family Payment is designed to prevent in-work poverty for low paid workers with child dependents, and to offer a financial incentive to take-up employment.  

In November 2022 I provided for a €500 lump sum payment to families in receipt of Working Family Payment to assist with the cost of living. Approximately, 44,000 families with 97,000 children received this payment at an estimated cost of €23 million.   

In addition, I have also provided for a €40 per week increase in the Working Family Payment thresholds for all family sizes.  This is the highest ever increase in the Working Family Payment thresholds and it took effect from January at a cost of approximately €16.8 million in 2023.  This will ensure that families on low incomes will receive more weekly income from the scheme - up to €24 per week.  It will also ensure that the increase of 80 cent per hour in the National Minimum Wage does not negatively impact on people's income from the Working Family Payment.

This change will benefit those already on Working Family Payment but it also means that more people will qualify for the payment.  While it is difficult to model with true precision how many new families will enter the scheme, I expect this to be in the region of 1,600 families.  It should be noted that this estimate is subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients.  

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (261)

Paul Kehoe

Question:

261. Deputy Paul Kehoe asked the Minister for Social Protection the status of an application by a person (details supplied); when the application will be processed; and if she will make a statement on the matter. [5730/23]

View answer

Written answers

I can confirm that my Department has allocated a Personal Public Service Number (PPSN) to the individual referred to by the Deputy.

A letter confirming the details of her PPSN issued to her on 31st January 2023.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (262)

Paul Kehoe

Question:

262. Deputy Paul Kehoe asked the Minister for Social Protection the current status of a disability allowance review for a person (details supplied); and if she will make a statement on the matter. [5739/23]

View answer

Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 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, a means test and Habitual Residency conditions.

I can confirm that the person concerned is in receipt of  DA effective from 05 August 2009 and currently  assessed with nil means.

The DA of the person concerned is currently under review.

An information request letter from a  Deciding Officer (DO) issued to the person concerned on 01 February 2023.   This letter clearly set out all of the required information needed to complete the review and  that 21 days are allowed for the return of the  requested  Information.

Compensation awards by way of the Residential Institutions Redress Board established under Section 3 of the Residential Institutions Redress Act, 2002 (No. 13 of 2002) and any subsequent income from investment of that money are exempt from means assessment.

 The person concerned must  provide documentary evidence confirming that  his compensation was awarded by the Residential Institutions Redress Board and that the award was subsequently invested in a rental property - under current legislation, the rent earned on that property investment would then be exempt from the means calculation.

In general, properties other than a person’s principal residence are assessable for means purposes for DA.  The capital assessable is the current value less any outstanding mortgage

The formula for assessing capital for  means purposes for Disability Allowance  is as follows:

Formula

Capital 

Means 

First €50,000 is disregarded

€50,000 

€0

€50,000 to €60,000 is assessed at €1 per €1,000

€10,000 

€10

€60,00 to €70,000 is assessed at €2 per €1000

€10,000 

€20

Over €70,00 is assessed at €4 per €1000

€200,000

€800

I trust this clarifies the matter for the deputy.

Social Welfare Benefits

Questions (263)

Seán Sherlock

Question:

263. Deputy Sean Sherlock asked the Minister for Social Protection the status of a domiciliary care allowance claim in respect of a person (details supplied) in County Cork. [5752/23]

View answer

Written answers

Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention in the home, substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 months. 

An application for DCA in respect of their child was received from the person concerned on 18 October 2021. Their application was disallowed as per decision dated 27 January 2022, as their child was not considered to satisfy the conditions for DCA.  The person concerned was notified in writing of this decision and of the right of review and/or appeal.

According to our records a request for an appeal of the deciding officer's decision was received from the person concerned via the department on 13 September 2022.  Their late appeal request and  associated appeal papers were subsequently forwarded to the Independent Social Welfare Appeals Office (SWAO) on 15 September 2022 for consideration by that office.

The right of appeal to the independent SWAO is time limited and is normally subject to 21 days from the date of the department's decision. However, the Chief Appeals Officer has discretion to extend the appeal time limit in certain limited circumstances.

The SWAO has been contacted and has confirmed that a written communication was issued on 29 September 2022 to the person concerned, which advised that their late appeal had not been accepted.

It is open to the person concerned to request a review(s) of the deciding officer's decision of 27 January 2022 and this right is not time limited. If requesting a review of a deciding officer's decision, the person concerned may provide any further new relevant information or documentary evidence that was not previously available to the department for further consideration by a deciding officer.  Additionally, the applicant also retains the right to subsequently appeal any review decision directly to the independent SWAO, including in cases where the deciding officer's original decision remains unchanged following a review(s)

 I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (264)

Patricia Ryan

Question:

264. Deputy Patricia Ryan asked the Minister for Social Protection when a decision will be reached on the application for carer’s allowance by a person (details supplied). [5775/23]

View answer

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.

I confirm that my Department received an application for Carer's Allowance (CA) review from the person concerned on 6 December 2022. Additional information in relation to the person’s application was requested by a Deciding Officer (DO) on 2 February 2023.

Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.

My Department also received an application for Carer's Allowance (CA) for a second care recipient on 30 January 2023. Additional information in relation to the person’s application was requested by a Deciding Officer (DO) on 1 February 2023.

Once the information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (265)

Bernard Durkan

Question:

265. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in respect of an appeal for domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [5780/23]

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. 

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 25 August 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.  These papers were returned to the Appeals Office on 3 October 2022 and referred on 28 October 2022 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 hearing. 

I trust this clarifies the matter for the Deputy.

Social Welfare Code

Questions (266)

Róisín Shortall

Question:

266. Deputy Róisín Shortall asked the Minister for Social Protection if she will amend the social welfare eligibility rules in order that work is calculated on a cumulative hours basis rather than days, particularly given the impact the current binary system is having on home care staffing; and if she will make a statement on the matter. [5804/23]

View answer

Written answers

The Government is conscious of the recruitment and retention challenges in the home and community care sector and is supportive of properly informed measures to increase capacity in the sector.  Towards this end, it established a Strategic Workforce Advisory Group to look at the labour force challenges facing providers of home-care services.  The Group’s Report was published in October 2022 following extensive consultation and found a range of issues impacting on the shortages in home carers and nursing home healthcare assistants, including the need for improvements in recruitment processes, pay and conditions of employment, training and career prospects, and wider sectoral reform.  

My Department supports part-time working through a number of schemes, including casual and systematic short-time work arrangements for people on jobseeker payments.  In addition, the Department provides the Working Family Payment for working families on low incomes, which is not based on days worked.  However, in providing these supports, we also need to be careful not to allow the social welfare system to be used to subsidise unsustainable employment practices. 

In line with Programme for Government Commitments, I have recently launched a Strawman proposal for public consultation in relation to a new Pay-Related Jobseeker's Benefit payment and, in doing do, set out the parameters of a new proposed Working Age Payment.  Rather than using hours or days worked thresholds, this proposed payment would utilise Revenue Commissioner real time earnings data to adjust payment levels in line with a person’s weekly earnings.  In this way it would guarantee a basic income floor and ensure that in all cases a person’s income increases when they work.  This would represent a significant change and would address any issue whereby the use of days or hours worked thresholds complicate individual decisions at the margin. 

I trust that clarifies the position for the Deputy.

Pension Provisions

Questions (267)

Michael Creed

Question:

267. Deputy Michael Creed asked the Minister for Social Protection if she will arrange to issue a pension statement in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [5822/23]

View answer

Written answers

The person concerned is in receipt of State Pension (contributory).  A Statement of Social Welfare Payments for 2022 and a current rate letter issued to them on 01 February 2023.

I hope this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (268)

Éamon Ó Cuív

Question:

268. Deputy Éamon Ó Cuív asked the Minister for Social Protection when a decision will issue on an application for fuel allowance by a person (details supplied) recently widowed; and if she will make a statement on the matter. [5863/23]

View answer

Written answers

An application for Fuel Allowance was received from the person concerned on 08 September 2022.

The key role of the Department of Social Protection is to provide income support where an income need arises because of a particular contingency – be that illness, disability, caring or unemployment. The Department also recognises the need for a transition period during which people can grieve and plan for a life following the death of a family member. 

Within the social welfare system, there are a number of supports for people who suffer a bereavement.  In particular, there is an arrangement known as the six-weeks payment after death which allows for certain payments to continue to be made after a person dies. Where a person in receipt of a social welfare payment dies and there is an Increase for a Qualified Adult in payment, this payment continues for six weeks.  In the case of the person concerned, the six weeks payment also included a lump sum payment of the Fuel allowance covering payment to the end of the current Fuel season.

The application for Fuel Allowance for the person concerned was awarded from 13 January 2023 with payment commencing at the start of the next Fuel Season. The telephone support allowance was awarded at the weekly rate of €2.50 from 13 January 2023. 

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (269)

Brendan Griffin

Question:

269. Deputy Brendan Griffin asked the Minister for Social Protection when the fuel allowance will be awarded to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [5936/23]

View answer

Written answers

The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April to assist households with their energy costs. 

Under the current qualifying conditions for fuel allowance a person must satisfy all the qualifying criteria including the household composition criteria.  Fuel allowance is not payable if an applicant lives with any person, including a family member, that is not covered by the household composition criteria outlined below.

- a person aged 70 years or over,

- a dependent adult or dependent child,

- a person in receipt of a qualifying payment but is not receiving Fuel Allowance,

- a person who is in receipt of carer’s allowance or carer’s benefit and is caring for the fuel allowance applicant or dependent adult or dependent child, or

- a person receiving short-term jobseeker's allowance (JA) or basic Supplementary Welfare Allowance (SWA)

As the person concerned is residing with a person who does not meet the criteria outlined above, they are not entitled to the allowance. If their household circumstances change in the future, it is open to them to re-apply for the Fuel allowance.

If the person concerned has significant outgoings and exceptional heating needs due to ill health or infirmity, they can apply for a heating supplement, a support paid under the Supplementary Welfare Allowance scheme.  Each claim is assessed taking into account the individual circumstances of the case.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (270)

Jennifer Murnane O'Connor

Question:

270. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection if a person (details supplied) is entitled to the carer’s grant; and if she will make a statement on the matter. [5958/23]

View answer

Written answers

The Carers Support Grant is an annual payment for carers who look after a person in need of full-time care and attention.  The payment is made regardless of the carer's means but is subject to certain qualifying conditions.

The primary purpose of Carer’s payments is to support carers whose earning capacity is significantly reduced as a consequence of their caring commitments. The payments are premised on the provision of full-time care and attention (with the provision of allowing carers to engage in training, education or work for up to 18.5 hours per week) and in so doing to support the ongoing care of the person in respect of whom care is being provided for. Recipients of Jobseeker’s Allowance or Benefit are not eligible for Carer’s Payments.

I introduced the Benefit Payment for 65 Year Olds, following my appointment as Minister for Social Protection, to provide an income support to people who are 65, who were in employment and who are required to, or who choose to, retire at age 65, but who do not qualify for the State Pension until they reach age 66. This scheme was introduced to address a specific concern raised on behalf of people in this very defined circumstance.  As initiated, the Benefit Payment for 65 Year Olds, was intended to provide a payment to people who would otherwise be in employment.  The payment is provided for under jobseeker's legislation and as such is not currently compatible with the Carer’s Support Grant legislation. 

However, as part of the landmark reform of the State Pension System in Ireland I am pleased that Government  supported my proposal to explore the introduction of supports for people who for various reasons cannot continue working into their early 60s.  Officials of the Department are currently considering the design of such a scheme, taking on board all the learning gained from the introduction of the Benefit Payment for 65 year olds, including issues such as that raised by the Deputy. 

Social Welfare Benefits

Questions (271)

Brendan Griffin

Question:

271. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on a fuel allowance application for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [5960/23]

View answer

Written answers

The Fuel Allowance is a contribution towards the energy costs of a household.  The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.

The Fuel Allowance for the person concerned was awarded from 06 January 2023.  They were notified in writing on 02 February 2023.

I hope this clarifies the position for the Deputy.

Social Welfare Code

Questions (272)

Michael Creed

Question:

272. Deputy Michael Creed asked the Minister for Social Protection further to parliamentary question No. 505 of 31 January 2023, if she will outline the advantages to the applicant of switching from disability allowance to invalidity pension; and if she will make a statement on the matter. [5987/23]

View answer

Written answers

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. 

A claim for IP was received from the person concerned on 02 February 2023.   In order to establish medical suitability two forms were sent to him on 03 February 2023.  On receipt of the completed forms, the IP claim will be processed as quickly as possible and he will be notified directly of the outcome. 

I  can confirm that the person concerned is currently in receipt of Disability Allowance (DA) effective from 04 February 2015  and currently assessed with nil means.

IP is a contribution based payment and is therefore not means tested. The basic rate IP is paid at a slightly higher rate than is the DA maximum rate and the financial gain would be the main advantage accruing to the person concerned should he qualify.

I hope this clarifies the position for the Deputy.

Social Welfare Eligibility

Questions (273)

Bernard Durkan

Question:

273. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason a person (details supplied) has been refused on the basis of doing less than 38 hours per week when her payslips for two weeks showed 16 hours and 24 hours respectively, indicating more than 38 hours; if a decision can be reviewed at an early date; and if she will make a statement on the matter. [5988/23]

View answer

Written answers

Working Family Payment (WFP), formerly Family Income Supplement, is a weekly in-work support which provides an income top-up for employees on low earnings with children.  To qualify for Working Family Payment the customer must be working a minimum of 38 hours per fortnight in ongoing insurable employment and have at least 1 qualified child who normally resides with them.

An application for WFP was received from the person concerned. A deciding officer examined the application and made the decision to disallow the claim on 30th January 2023. The claim has been reviewed by a deciding officer and, as the person concerned was found to now be meeting the working conditions of the scheme, the original decision was revised. The person concerned has now been awarded WFP at a rate of €20.00 per week from 19th January 2023 to 17th January 2024. The person concerned has been advised in writing of their revised decision and arrears have issued to their nominated bank account.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (274)

Bernard Durkan

Question:

274. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for fuel allowance in the case of a person (details supplied); and if she will make a statement on the matter. [5992/23]

View answer

Written answers

The Fuel Allowance is a contribution towards the energy costs of a household.  The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.

The Fuel Allowance for the person concerned was awarded from 06 January 2023.  They were notified in writing on 02 February 2023.

I hope this clarifies the position for the Deputy.

Early Childhood Care and Education

Questions (275)

Brendan Griffin

Question:

275. Deputy Brendan Griffin asked the Minister for Social Protection if advice will be provided on a matter (details supplied); and if she will make a statement on the matter. [6008/23]

View answer

Written answers

The matter raised by the Deputy in relation to the employment contracts and the pay arrangements for  educational sector workers including early years educators during the school breaks  is a matter for each employer in the educational sector to determine for their own staff.

Educational sector workers including early years educators who are employed on a temporary basis and are unemployed during the school breaks may make an application for a jobseeker's payment.  A jobseeker’s payment is paid for days of unemployment where the person is not being remunerated for by their employer, including receipt of any holiday pay entitlement during the school break.

I announced on Budget Day a €12 increase to the weekly rate of social welfare payments from January 2023.  The rate increase was accompanied by a wide range additional measures and lump sum payments in 2022 to social welfare customers. 

In general, most welfare recipients, taking into account the one-off measures, the energy credits and the underlying rate increase, will be better off by about 10% over the next 12 months compared to the 12 months just past. Taken together, for many household types, the combination effectively matches, or exceeds, inflation.  

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Questions (276)

Seán Sherlock

Question:

276. Deputy Sean Sherlock asked the Minister for Social Protection if her Department will review a decision in respect of an application by a person (details supplied). [6062/23]

View answer

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.

Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property (except their own home) or an asset that could bring in money or provide them with an income. The means test for Carer's Allowance (CA)  has been significantly eased over the years and is now one of the most generous means tests in the social welfare system, most notably with regards to a spouse’s earnings. 

As part of budget 2022 the income and capital limits for the Carer's Allowance (CA) means assessment increased effectively from 02 June 2022. This includes an increase in the weekly income disregard from €665 to €750 for a couple. In addition, the amount of capital disregarded in the means test increased from €20,000 to €50,000.

In advance of the implementation of the above budget measures, the Department initiated a review of Carer's Allowance (CA) recipients who were in receipt of a reduced rate payment in order to determine how these measures might impact on their rate of payment. In many cases, recipients’ payments were increased as a result of the budget measures.  But in other cases, recipients’ payments were reduced, not because of the budget measures but because of an increase in household income. 

I can advise the Deputy that based on the information provided by the person concerned on 28 February 2022, correspondence issued to them on 16 May 2022 informing said person that their payment for Carer's Allowance (CA) was being re-considered. The information available to the Deciding Officer (DO) at that time was that the person concerned was assessed with means of €293.16 per week and this exceeded the statutory limit of €275.10 per week. The Deciding Officer also reviewed said person's entitlement based on the budget changes introduced from June 2022, and it was determined that the person concerned qualified for the weekly rate of €53.00 per week effective from 02 June 2022. 

The person concerned was notified on 16 May 2022 of this decision, the reasons for it and of the right of review and appeal.  

A further review of this decision was carried out on 2 February 2023 the outcome of which resulted in the decision remaining unchanged. I can advise the Deputy that if further updated information becomes available we will assess it accordingly.  

I hope this clarifies the position for the Deputy.

Social Welfare Benefits

Questions (277)

Michael Lowry

Question:

277. Deputy Michael Lowry asked the Minister for Social Protection if she will provide itemised specific details of all documentation outstanding both in the disability allowance section and the State pension section in respect of an individual (details supplied) in County Tipperary whose State pension has been stopped for two years due to an assessment of overpayment against them; the reason that the findings of the Revenue joint investigator and investigating officer from her Department who issued a decision on 30 September 2019 are not accepted and forming part of the investigation into a suspected overpayment in this case; if all documentation submitted on behalf of this individual received both by the disability allowance section and the State pension section has been shared with both Departments; and if she will make a statement on the matter. [6122/23]

View answer

Written answers

The person concerned was in receipt of Disability Allowance from 2001 to 2017 at which time they transferred to State Pension Non-Contributory. Both payments are subject to a means test.

Following a review of the person’s entitlement to both payments, overpayments were assessed based on the existence of previously undisclosed capital held in multiple bank accounts. An appeal against the overpayment in respect of State Pension Non-Contributory was disallowed. At this time, payment of State Pension Non-Contributory is suspended because of the failure to supply information requested by the Deciding Officer to allow a decision on the person’s current entitlement to payment. 

The person concerned asserts that the bank accounts which have been assessed as capital actually belong to their children. My officials have sought to confirm this, specifically asking for detailed statements from those children, including confirmation of the source of the monies used to open the accounts.

Following representations from a family member acting on behalf of the person concerned, an email issued on 20 December 2022 setting out in detail what information is required. While some further information has been received, there is still outstanding documentation required. The investigation is continuing, and the person concerned will be notified of the documentation that remains outstanding. I can assure the Deputy that when this information is received, my officials will review the case further.  

I trust this clarifies the matter for the Deputy.

Top
Share