Written Answers Nos. 1124-1143
1124. Deputy Claire Kerrane asked the Minister for Social Protection if grants are available to allow a person caring for an elderly relative to upgrade their car in cases in which they are solely responsible for driving the older person; and if she will make a statement on the matter. [18739/21]
Amharc ar fhreagraMy Department provides a range of income supports for carers, with the combined spend on carers support schemes expected to exceed €1.4 billion in 2021. In addition, the Department operates a comprehensive free travel scheme covering all forms of public transport.
While accepting the bona fifes of the case made by the Deputy, the Department has no role in providing grant assistance towards the purchase or upgrade of a car and can not provide any assistance in this case.
I can assure the Deputy that I am very much aware of the key role that family carers play in our society and I will continue to keep the range of supports available to carers under review. However, any improvements or additions to these supports can only be considered in an overall budgetary context and in the light of available financial resources.
I hope this clarifies the matter for the Deputy.
1125. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection when the draft legislation in relation to gender recognition for transgender persons aged 16 and 17 will be brought before Dáil Éireann; the progress made to date in relation to the other matters set out in the Programme for Government relating to this issue (details supplied); and if she will make a statement on the matter. [18745/21]
Amharc ar fhreagraThe relevant Programme for Government proposals supplied contain both legislative and non-legislative proposals.
Work commenced in relation to advancing the legislative process in relation to gender recognition those aged 16 and 17 years and other relevant measures at the start of 2020 but due to the dissolution of the last Dáil, the election and subsequent government-formation process, the completion of the transfer of functions process, as well as the focus on responding to the public health crisis, this work was paused.
Preliminary work also began early in 2020 in relation to the formation of an inter-departmental group to commence the non-legislative proposals but this was similarly delayed. Since then, the ongoing devotion of resources within the Department to the public health crisis and associated matters has meant that it has not yet been possible to further progress this work. However, the matter will be kept under review and the measures remain as part of the Programme for Government.
In the meantime, Government Departments and other public bodies will take positive steps to improve the position of non-binary people. This could include measures such as:
- promoting the use and acceptance of correct pronouns;
- improving the design of official forms and documentation to permit the use of a third gender option, or no gender at all, where it is possible to do so.
I hope this clarifies these matters.
1126. Deputy Jennifer Carroll MacNeill asked the Minister for Social Protection her plans to reopen services relating to public services cards; and if she will make a statement on the matter. [18754/21]
Amharc ar fhreagra1133. Deputy Bríd Smith asked the Minister for Social Protection if she will clarify the situation with regard to the issuing of new public services cards; if her attention has been drawn to the fact that persons cannot get access to certain services, for example, applying for a learner’s permit due to public services cards which are needed to apply for same are not being issued at present; the alternatives to accessing services without a public services card that exist; and if she will make a statement on the matter. [18979/21]
Amharc ar fhreagraI propose to take Questions Nos. 1126 and 1133 together.
At the outbreak of the COVID-19 pandemic, my Department temporarily suspended Public Services Card (PSC) appointments and the online system used to manage those appointments. This decision was taken in order to comply with HSE and World Health Organisation guidelines and help protect the health and well-being of our customers and staff. Decisions regarding the reinstatement of these services have been made with regard to the importance of ensuring the continuing safety of customers and staff.PSC appointments are currently suspended due to the prevailing Level 5 restrictions, but appointments are available for urgent cases in circumstances where the customer has no alternative means of accessing public services other than by acquiring a PSC. So far this year, my Department has carried out over 14,000 PSC appointments in such cases.Any person urgently requiring a PSC should contact their local Intreo Centre.
Enquiries regarding accessing a particular service from another Departments is a matter for the relevant Department.
I trust this clarifies the matter.
1127. Deputy James Lawless asked the Minister for Social Protection the legal basis for demanding the public services card for other public services in view of the Data Protection Commission report; and if she will make a statement on the matter. [18760/21]
Amharc ar fhreagraEvery day the State delivers important and valuable services and benefits to the people of this State. It is critically important that we can do so in the knowledge that the person in receipt of these services is who they claim to be. It is also important that we minimise the need for people to authenticate their identity each time they need to enter into a transaction with a public body.A key aim of the Public Service Card (PSC) and the SAFE identity authentication process that underpins it is to deliver on these objectives.
Since 1998, when legislative provision was first made for the PSC, it was always intended that it would be used widely across the public service to assist people in their dealings with public sector organisations. The list of public bodies that are authorised to use the PSC is set out in Schedule 5 of the Social Welfare Consolidation Act 2005 (as amended).
Section 263 of that same Act provides that a person shall produce his or her PSC at the request of a specified body for the purpose of a transaction. It is a matter for each specified body as to whether they decide to request a person to present their PSC when transacting with that body.
In October 2017, the Data Protection Commission (DPC) commenced an investigation into the SAFE/PSC process. The DPC sent its Final Report on this investigation to the Department in August 2019. In essence it found that while the processing of personal data to authenticate a person's identity and issue a PSC for the purpose of providing services delivered by my Department is lawful, the same is not the case when a person is acquiring a PSC for use with the services of other specified public bodies.Having carefully considered the report of the DPC and having consulted with the Attorney General’s Office, the Department is satisfied that the processing of personal data for the authenticating identity and issuing a PSC is in fact lawful in situations where the person is acquiring a PSC for use with another specified public body. The Department set out its position at the time that it published the report of the DPC.Subsequently, in December 2019, the Department received enforcement proceedings from the DPC in respect of the August 2019 Report.The Department filed an appeal against the Enforcement Notice and, as the matter is now before the Courts, it would be inappropriate to make any further comment.
I trust this clarifies the matter for the Deputy
1128. Deputy David Cullinane asked the Minister for Social Protection if she will expand recognition and payments for carers of incapacitated persons; if persons who must give up work to care for an incapacitated person will receive financial support; and if she will make a statement on the matter. [18766/21]
Amharc ar fhreagraThe Government acknowledges the important role that family carers play and is fully committed to supporting carers in that role. This commitment is recognised in both the Programme for Government and the National Carers’ Strategy.
There is a comprehensive package of carers’ income supports in place, including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance, Carer’s Support Grant and associated benefits. In recognising the essential nature of these caring roles, combined spending on all these payments to carers in 2021 is almost €1.5 billion.
Carer's Allowance is a social welfare assistance scheme which is means-tested and provides a payment for carers who, on a full-time basis, look after certain people in need of full-time care and attention and where the carer's income falls below certain limits. The two principal conditions for receipt of Carer’s Allowance are that full time care and attention is required and being provided, and that the means test which applies is satisfied. Eligibility is not contingent on a particular disability or illness or the severity of disability or incapacity. While the caring requirements of the person(s) being cared for will be different, this does not affect the rates of the allowance, which is intended to provide an income support for the carer and does not depend on individual care requirements.
Carer's Benefit is a payment made to insured people who leave the workforce to care for someone in need of full-time care and attention. A person may be eligible for Carer's Benefit if they have enough PRSI contributions. Carer’s Benefit is payable for a maximum period of 104 weeks for each person being cared for. It can be taken in one block or in separate periods as long as the combined total does not exceed 104 weeks. The current weekly rate is €220.00.
A non means-tested payment specifically for carers of incapacitated children already exists in the form of Domiciliary Care Allowance (DCA). This is a monthly payment for a child aged under 16 with a severe disability, who requires ongoing care and attention, substantially over and above the care and attention usually required by a child of the same age. The payment is not based on the type of disability but on the resulting physical or mental impairment which means that the child requires substantially more care and attention than another child of the same age. Since 1 June 2017, all children getting DCA are eligible for a medical card without a means test.
In addition, the annual Carer’s Support Grant is available to all family carers providing full time care and assistance regardless of means. This is a payment for carers throughout the State and is paid in June each year, not just to people in receipt of a carer’s payment but also to other carers who may not be dependent on State income supports. The grant is paid in respect of each person being cared for. In recognition of the vital role that carers provide in our society, the Carers Support Grant will increase by €150 in June. The new rate will be €1,850 – the highest ever rate at which it will have been paid since its introduction. The estimated cost of the Carer's Support Grant in 2021 is over €265 million.
Furthermore, people in receipt of a Carers’ payment who lost employment due to Covid-19 have been allowed to retain their Carers’ payment while also receiving PUP – in effect receiving a double income support from the State. Normally a person can only qualify for receipt of one income support payment. (Although a half-rate concurrent carers payment is made in some circumstances for people in receipt of payments such as the State pension).
Finally, I can assure the Deputy that I am very aware of the commitment and the key role carers play in society and the particular challenges they face in light of Covid-19 and I will continue to keep the range of supports available to carers under review. However, any improvements or additions to these supports such as a further expansion of these supports can only be considered in a budgetary context and in the light of available financial resources.
I trust this clarifies the matter for the Deputy.
1129. Deputy David Cullinane asked the Minister for Social Protection the progress made on implementing the Programme for Government commitment on pensions for carers; if the matter for carers of incapacitated persons will be addressed; and if she will make a statement on the matter. [18767/21]
Amharc ar fhreagraThe 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. This Government acknowledges the important role that carers play and is fully committed to supporting them in that role.
As the Deputy is aware, the Pensions Commission was established in November 2020 to examine sustainability and eligibility issues with the State Pension and the Social Insurance Fund, in fulfilment of a Programme for Government commitment. As part of its Terms of Reference the Commission has been asked to consider how the State pension system can further accommodate long-term carers. These issues will be considered from a perspective of fiscal and social sustainability, and intergenerational fairness. Details on the Commission's work, including agendas, minutes and presentations made to the Commission, are available on its website, PensionsCommission.gov.ie.
The State pension system currently gives 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, through the award of 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 Aggregated Calculation Method or Interim Total Contributions Approach). Details of these are -
- Credits – PRSI Credits are awarded to recipients of Carer’s Allowance (and Carer’s Benefit) where they have an underlying entitlement to credits. Credits are also awarded to workers who take unpaid Carer’s Leave from work.
- Homemaker’s Scheme - The scheme, which was introduced with effect from 1994, is designed to help homemakers and carers qualify for State Pension (Contributory). The Scheme, which allows periods caring for children or people with a caring need to be disregarded (from 1994), can have the effect of increasing the Yearly Average.
- HomeCaring Periods – This Scheme makes it easier for a home carer to qualify for a higher rate of State Pension (Contributory). HomeCaring Periods can only be used under the Aggregated Calculation Method (also known as Interim TCA or T12) of pension calculation. HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution.
Since April 2019 all new State (Contributory) Pension applications are assessed under all possible rate calculation methods, including the Yearly Average and Aggregated Contribution Method, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation. To allow pensioners choose the elements in how their pension is calculated would likely incur very significant costs which could further undermine the sustainability of the State Pension system. The cost of paying the State Pension is already increasing by approximately €1 billion every 2.5 - 3 years or so, due to demographic pressures alone. It is also estimated that my Department will spend over €8.8 billion on State Pensions in 2021.
It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), they 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 their spouse is a State pensioner and they have significant household means, their most beneficial payment may be an Increase for a Qualified Adult, based on their personal means, and amounting to up to 90% of a full contributory pension.
I hope this clarifies the matter for the Deputy.
1132. Deputy Mick Barry asked the Minister for Social Protection if she will support the demands from community employment supervisors to access an occupational pension scheme and for the same rights as other workers in the public sector carrying out identical or similar work; and if she will make a statement on the matter. [18904/21]
Amharc ar fhreagraThe Community Employment Scheme (CE) is an active labour market programme designed to provide eligible long-term unemployed people and others with an opportunity to engage in useful work within their communities on a temporary, fixed term basis.
The programme is delivered through independent CE sponsoring authorities. The contract agreement between the Department and the CE sponsoring authorities establishes their role as an independent contractor. CE sponsoring authorities are the legal employers of CE supervisors, CE assistant supervisors and CE participants.
The CE sponsoring authorities receive state funding to cover the cost of supervisor, assistant supervisor and participant remuneration, training and material costs from the Department. It should be recognised that CE supervisors and assistant supervisors are not public servants or employees of the Department or the state.
The State is not responsible for funding pension arrangements for employees of private companies, even where the companies in question are reliant on State funding. Pension arrangements are a matter to be agreed between employees and their employers.
As the Deputy will be aware, CE supervisors and assistant supervisors have been seeking for several years, through their union representatives, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors who are employed by CE schemes.
The Department of Public Expenditure and Reform had to have regard to any potential Exchequer exposure associated with dealing with the specific issue relating solely to CE supervisors arising from the Labour Court recommendation. Any proposal to resolve this specific issue, can and will only apply to CE supervisors and assistant supervisors.
Within this context, officials from my Department and Department of Public Expenditure and Reform held discussions on proposals to progress and resolve this issue over the past number of months, while having regard to the wider budgetary framework. Officials from my Department also held discussions with unions representing CE supervisors and assistant supervisors during the same period.
I am very pleased to report that there has been a positive outcome from the discussions between both Departments, late last week. On Friday last, the Minister for Public Expenditure and Reform, Minister McGrath and my colleague Minister Humphreys reached agreement in principle on proposals to resolve this issue. This includes a financial package.
These proposals have been put to the unions representing CE supervisors and assistant supervisors over recent days and I am optimistic that this will bring the matter to a resolution.
Minister Humphreys and I will continue to support CE for the benefit of the CE participants and the valuable contribution being made to local communities.
1134. Deputy Gino Kenny asked the Minister for Social Protection if she will provide an update in relation to the ongoing community employment supervisors pension issue; if plans are in place for a pay rise for supervisors given that there has been no increase since 2008; and if she will make a statement on the matter. [19000/21]
Amharc ar fhreagraThe Community Employment Scheme (CE) is an active labour market programme designed to provide eligible long-term unemployed people and others with an opportunity to engage in useful work within their communities on a temporary, fixed term basis.
The programme is delivered through independent CE sponsoring authorities who are the legal employers of their CE supervisors, CE assistant supervisors and CE participants. CE sponsoring authorities receive state funding to cover the cost of remuneration, training and material costs from the Department. CE supervisors and CE assistant supervisors are not public servants or employees of the Department.
CE supervisors and CE assistant supervisors were not subject to the pay reductions, Additional Superannuation Contributions (ASC) or the Pension-related Deduction (PRD) under the provisions of the Financial Emergency Measures in the Public Interest (FEMPI) Acts which only applied to public servants. CE supervisors and CE assistant supervisors have therefore not benefitted from the related restoration of those civil and public service pay cuts that has been ongoing since 2016.
As the Deputy will be aware, CE supervisors and assistant supervisors have been seeking for several years, through their union representatives, the allocation of Exchequer funding to implement a 2008 Labour Court recommendation relating to the provision of a pension scheme for CE supervisors who are employed by CE schemes.
The Department of Public Expenditure and Reform had to have regard to any potential Exchequer exposure associated with dealing with the specific issue relating solely to CE supervisors arising from the Labour Court recommendation. Any proposal to resolve this specific issue, can and will only apply to CE supervisors and CE assistant supervisors.
It has been within this context that officials from my Department and Department of Public Expenditure and Reform held discussions on proposals to progress and resolve this issue over the past number of months, while having regard to the wider budgetary framework. Officials from my Department also held discussions with unions representing CE supervisors and assistant supervisors during the same period.
I am very pleased to report there has been a successful outcome to the discussions between both Departments late last week. On Friday last, the Minister for Public Expenditure and Reform, Minister McGrath and my colleague Minister Humphreys reached agreement in principle on proposals to resolve this issue. This includes a financial package.
These proposals have been put to the unions representing CE supervisors and assistant supervisors in recent days and I am optimistic that this will bring this matter to a speedy resolution.
1135. Deputy Sean Sherlock asked the Minister for Social Protection if a person is on a certain rate of carers allowance designed to allow them to work 18 hours, if the allowance can be increased due to a lack of working time due to Covid-19; and if she will make a statement on the matter. [19019/21]
Amharc ar fhreagraThe main income supports to carers provided by my Department are Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. At the end of February, there were 89,274 people in receipt of Carer's Allowance. The estimated expenditure on Carer’s Allowance in 2021 is approximately €953 million. Combined spending on all these payments to carers in 2021 is almost €1.5 billion.
Carer's Allowance acts as an income support for those who cannot earn adequate income in the open labour market due to their caring responsibilities. This allowance is part of the system of social assistance supports that provide payments based on an income need. The two principal conditions for receipt of Carer’s Allowance are that full time care and attention is required and being provided, and that the means test which applies is satisfied.
In order to support a carer’s continued attachment to the workforce and broader social inclusion, carers may engage in some limited employment, education or training, of up to 18.5 hours per week while still being regarded as being in a position to provide full-time care. Just as in the case of other income support payments, Carer's Allowance is not intended to be a compensatory payment for the full value of earnings foregone and nor is it a payment by the State in recognition of caring services rendered.
As with all income supports provided by my Department, the recipient is obliged to inform the Department of any change in circumstances that may affect their entitlement. In the event of a change to a Carer’s Allowance recipient’s financial status due, for example to a reduction in hours of employment and subsequent loss of income, they should contact the relevant section in the Department for a review and reassessment of their means.
In responding to COVID-19, the Department has made special temporary provisions for those who have lost their jobs as a result of the pandemic. A carer whose work ceases as a result of COVID-19 and whose situation qualifies them for the Pandemic Unemployment Payment (PUP) will get the payment along with their current carer income support, whether Carer’s Allowance or Carer’s Benefit.
The Carer’s Support Grant is a payment for carers throughout the State and is paid in June each year, not just to people in receipt of a carer’s payment but also to other carers who may not be dependent on State income supports. The grant is paid in respect of each person being cared for. In recognition of the vital role that carers provide in our society, the Carers Support Grant will increase by €150 in June. The new rate will be €1,850 – the highest ever rate at which it will have been paid since its introduction. The estimated cost of the Carer's Support Grant is over €265 million in 2021.
Finally, I can assure the Deputy that I am very aware of the commitment of family carers and the key role they play in society and the particular challenges they face in light of Covid-19 and I will continue to keep the range of supports available to carers under review. However, any improvements or additions to these supports can only be considered in a budgetary context and in the light of available financial resources.
I trust this clarifies the matter for the Deputy.
1138. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection the position of PRSI liability for persons that are legally separated and in receipt of maintenance payments (details supplied); her plans to investigate the current system further to ensure that persons in such a position are not overly financially disaffected; and if she will make a statement on the matter. [19098/21]
Amharc ar fhreagraI understand that the question relates to an individual social insurance contributor and that there are no payments in respect of children included in the maintenance received.
The effect of separation on each spouse's statutory liability depends mainly on whether there are any maintenance payments involved and, if so, whether these payments are made under a legally enforceable arrangement or not. It is understood that the person concerned is in receipt of legally enforceable maintenance and the response is based on that understanding.
Legally enforceable maintenance payments are payments received from a former partner under either a court order, a deed of separation or any other legal commitment such as a covenant, and are paid periodically. The recipient pays any statutory liabilities on such income including social insurance contributions on each payment received for his or her own benefit.
As the person concerned is in receipt of maintenance in excess of the social insurance class S liability threshold of €5,000 per annum, she is liable to make such a contribution at the rate of 4% of the reckonable income returned under the self-assessment system subject to a minimum annual charge of €500.
Any proposal to amend the application of a social insurance charge to maintenance payments would have to be considered in a budgetary context, taking account of the current economic circumstances and with a view to the sustainability of the Social Insurance Fund.
I trust this clarifies the matter for the Deputy.
1140. Deputy Sorca Clarke asked the Minister for Social Protection the reason the 156/234 day allowance for jobseeker’s benefit has not been extended to those who are in receipt of this payment as a direct result of the pandemic and associated restrictions. [19128/21]
Amharc ar fhreagra1141. Deputy Sorca Clarke asked the Minister for Social Protection the reason aviation staff, many of whom have already experienced a significant decrease in their earnings, are told by her Department that they must experience a further substantial loss of earnings in order to requalify for casual jobseeker’s benefit. [19129/21]
Amharc ar fhreagra1142. Deputy Sorca Clarke asked the Minister for Social Protection the continued financial supports that are available to those whose working hours have been significantly reduced as a result of the current pandemic and its associated restrictions; and her plans to extend the criteria needed to qualify for casual jobseeker’s allowance. [19130/21]
Amharc ar fhreagra1143. Deputy Sorca Clarke asked the Minister for Social Protection the financial supports that are available to those whose working hours have been significantly reduced as a result of the current pandemic and its associated restrictions when they have exhausted the current qualifying criteria for casual jobseeker’s benefit (details supplied). [19131/21]
Amharc ar fhreagra1149. Deputy Claire Kerrane asked the Minister for Social Protection if she will extend the time a person can remain on jobseeker’s benefit in which they have lost days at work due to Covid-19; if she will suspend the rules around requalification to allow workers to retain the income support; and if she will make a statement on the matter. [19278/21]
Amharc ar fhreagra1150. Deputy Claire Kerrane asked the Minister for Social Protection if her attention has been drawn to issues facing workers (details supplied) that are coming to the end of their claim on jobseeker’s benefit due to the six month, nine month rule and that rely on this income support; the action she plans to take to address this issue; and if she will make a statement on the matter. [19279/21]
Amharc ar fhreagra1185. Deputy Mick Barry asked the Minister for Social Protection if measures will be taken to ensure that workers of a company (details supplied) who are being informed that their jobseeker's benefit will be coming to an end will have additional income supports to maintain their incomes during the Covid-19 restrictions; and if she will make a statement on the matter. [20170/21]
Amharc ar fhreagra1192. Deputy Bernard J. Durkan asked the Minister for Social Protection her plans to help provide further income support for aviation workers with particular reference to applicants who have been informed that their jobseeker's benefit is due to come to an end and that hours and income must be reduced further in order to requalify for continuing assistance; the steps that can be taken to ensure continuity of assistance; and if she will make a statement on the matter. [20352/21]
Amharc ar fhreagraI propose to take Questions Nos. 1140, 1141, 1142, 1143, 1149, 1150, 1185 and 1192 together.
The two main statutory income support payments provided by my Department for people who lose employment and who are continuing to work part-time are Jobseekers Benefit, based on a person’s pay related social insurance contributions paid while in employment, and the means tested Jobseekers Allowance scheme.
Short-Time Work Support (STWS) is a social insurance income support payment provided under the Jobseekers Benefit scheme to employees who have been temporarily placed on a shorter working week by their employer and are not being remunerated for the days of unemployment.
The duration of payment for Jobseeker’s Benefit is 234 days for people with 260 or more PRSI contributions paid. It is paid for 156 days for people with fewer than 260 PRSI contributions paid. It is a fundamental feature of a range of the Department's benefit payments, including for example Jobseeker's Benefit, Illness Benefit and Maternity Benefit, that they are time limited based on a person's PRSI contribution record..
Where a person exhausts their entitlement to Jobseeker's Benefit, they may be eligible for support under the Jobseeker's Allowance scheme which has no limit as long as a person meets the conditions of the scheme. including the means test.
A person whose entitlement to Jobseeker's Benefit is due to expire is contacted in advance and advised that they may be eligible for Jobseeker's Allowance. An application for Jobseeker's Allowance is included in this correspondence. An individual should be advised to submit an application for Jobseeker's Allowance in these circumstances.
I trust this this clarifies the position for the Deputies.
