Written Answers Nos. 1144-1161
1144. Deputy Emer Higgins asked the Minister for Social Protection the progress that is being made to give non-binary persons legal recognition on legal documents; and if she will make a statement on the matter. [19159/21]
Amharc ar fhreagraThe Review Group for the Gender Recognition Act recommended extending legal gender recognition to non-binary people, while also recognising the complexity of the issue and acknowledging that a comprehensive impact analysis may be required. An interdepartmental group is being established to carry out this impact assessment and submit a report to Government for consideration.
Preliminary work has commenced in relation to the inter-departmental group; however, 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. The matter will be kept under review and remains 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.
1145. Deputy Neale Richmond asked the Minister for Social Protection if self-employed workers with PRSI contributions in category S can avail of carers benefit if they meet other criteria; and if she will make a statement on the matter. [19161/21]
Amharc ar fhreagra1146. Deputy Neale Richmond asked the Minister for Social Protection if she plans to extend the eligibility of self-employed persons to avail of carers benefit; and if she will make a statement on the matter. [19162/21]
Amharc ar fhreagraI propose to take Questions Nos. 1145 and 1146 together.
Self-employed workers who earn €5,000 or more in a contribution year, are liable to pay social insurance contributions at the class S rate of 4%, subject to a minimum annual payment of €500.
Such contributors are currently covered for a wide range of social insurance benefits including State pension (contributory), widow's, widower's or surviving civil partner's pension (contributory), guardian’s payment (contributory), maternity, adoptive and paternity benefits, treatment benefits, invalidity pension, partial capacity benefit if in receipt of invalidity pension, jobseeker’s benefit (self-employed) and parent’s benefit.
In addition, my department introduced two emergency income support payments at the onset of Covid-19. These are the pandemic unemployment payment which is available for employees and self-employed workers who have lost their employment income due to Covid-19 and an enhanced illness benefit payment which is available to employees and self-employed workers for a maximum of two weeks where medically required to self-isolate or for the duration of absence from work following a confirmed diagnosis of Covid-19.
The issue of extending additional social insurance benefits to self-employed persons paying class S social insurance contributions was considered in the Actuarial Review of the Social Insurance Fund, conducted by independent consultants, which was published in October 2017.
The Review indicates that if access to certain additional benefits, including carer's benefit, was extended to self-employed contributors, the class S rate of social insurance contribution would have to increase by 94% in order to ensure that the additional benefits are delivered in a revenue neutral manner. This rate of increase would bring the current class S contribution rate of 4% to 7.8% to cover the additional benefits only and does not take account of the value of the existing benefits to such contributors at the time of the Review.
Since the Review was published, self-employed contributors have gained access to invalidity pension from December 2017 and jobseeker's benefit (self-employed) and parent's benefit from November 2019 without any increase in their rate of contribution.
A commitment in the Programme for Government is to give consideration to increasing all classes of PRSI over time to replenish the Social Insurance Fund to help pay for measures and changes to be agreed including to the State pension system, improvements in short-term sick pay benefits, parental leave benefits, pay-related jobseeker's benefit and treatment benefits. In view of the significant access to a range of social insurance benefits in recent years without any increase in the rate of contribution by self-employed workers, access to the remaining benefits, including carer's benefit, will be considered in the context of this commitment.
I trust this clarifies the matter for the Deputy.
1147. Deputy Cathal Crowe asked the Minister for Social Protection if consideration will be given to adjusting the terms of the pandemic unemployment payment scheme to allow persons to undertake day and night-time courses to upskill and potentially retrain for other forms of employment. [19184/21]
Amharc ar fhreagraRecipients of the Pandemic Unemployment Payment (PUP) who lost their job as a consequence of the pandemic, must continue to satisfy the statutory qualifying conditions of the scheme to maintain their payment, which includes that they must be in a position to return to their employment.
Persons in receipt of PUP who apply for part-time courses can retain their payment as long as they continue to satisfy the scheme conditions.
The Back to Education Allowance (BTEA) is a support available which provides income support for jobseekers who pursue full-time courses of education at second or third level. The BTEA was extended as part of the July Stimulus in response to Covid-19. Ordinarily a person must be in receipt of a qualifying social welfare payment for a minimum period before being eligible to apply for the scheme and these periods have been waived for those in receipt of PUP. Similar arrangements apply for further education or VTOS delivered by SOLAS. This ensures that those who have lost their employment during the pandemic have immediate access to a range of full time education options.
A person in receipt of PUP seeking access to full time further education will be required to make an application for a jobseeker's payment. The BTEA is payable at the jobseeker's rate, currently €203 for the weekly maximum personal rate and increased allowances may be paid for qualifying adults and child dependents. The BTEA may be payable for the duration of the course depending on a person’s individual circumstances and entitlement to the payment.
I would advise any person seeking to return to education to engage with their local Intreo Centre to assess their options.
I trust that this clarifies the position for the Deputy.
1148. Deputy Paul Murphy asked the Minister for Social Protection if she will provide an update on progress regarding the legal recognition of non-binary persons. [19221/21]
Amharc ar fhreagraThe Review Group for the Gender Recognition Act recommended extending legal gender recognition to non-binary people, while also recognising the complexity of the issue and acknowledging that a comprehensive impact analysis may be required. An interdepartmental group is being established to carry out this impact assessment and submit a report to Government for consideration.
Preliminary work has commenced in relation to the inter-departmental group; however, 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. The matter will be kept under review and remains 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.
1151. Deputy Carol Nolan asked the Minister for Social Protection if she will address concerns from a person (details supplied) that changes in pension eligibility and contribution rules introduced in 2012 have had an adverse impact on the pension amount they are set to receive; and if she will make a statement on the matter. [19310/21]
Amharc ar fhreagraThere were two changes to pension eligibility and contribution rules introduced in 2012.
In April 2012, the minimum number of paid contributions required to qualify for a State pension (contributory) increased from 260 to 520. This change did not impact on the person concerned as they have the required 520 contributions.
In September 2012 new rate bands for State pension (contributory) were introduced. These new rate bands more accurately reflect an applicant's social insurance history and ensure that those who pay more contributions during a working life are likely to benefit more in retirement than those with less frequent contributions during working life.
The person concerned reached pension age on 11 May 2017. According to the records of my Department, they had a total of 1,036 qualifying full-rate paid and credited contributions from their date of entry into insurable employment on 9 September 1969 to end-December 2016.
The Homemakers Scheme was applied to the calculation of the person’s pension entitlement. This scheme was introduced on 6 April 1994 and allows up to 20 years (since 1994) spent caring for children under 12 years of age or for incapacitated person(s) to be disregarded in calculating an applicant’s yearly average, and for homemaker credits to be awarded for homemaking periods of less than a full contribution year. The effect of this is to reduce the number of years by which an applicant’s contributions are divided, thereby increasing their yearly average and making it easier for them to qualify for the most beneficial rate of state pension (contributory).
This person’s yearly average was calculated as 23 contributions and gave them an entitlement to a standard State pension (contributory) at 85% of the maximum rate. They were notified in writing of this decision on 21 April 2017.
The person concerned was employed in the public sector prior to 1995, during which period modified contributions were payable. This reduced PRSI rate conveys entitlement only to Widow (er)'s and Orphan's Contributory Pensions and limited Occupational Injuries Benefits but is not reckonable for State pension (contributory) purposes. However, modified contributions can be combined with full-rate contributions and credits to give an entitlement to a mixed insurance pro rata State pension (contributory), provided the applicant has 260 full-rate contributions. The person’s entitlement to a mixed insurance pro rata State pension (contributory) was determined, based on their combined record of full-rate and modified social insurance contributions. Having applied this test the resultant pension entitlement is lower than the 85% of standard State pension (contributory) already awarded to the person concerned.
An interim Total Contributions Approach (TCA) was introduced in January 2018 as an alternative to the ‘yearly average’ method of calculating pension entitlement for those State pension (contributory) customers born on or after 1 September 1946 and therefore affected by post-2012 Budget pension rates. The TCA provides for up to 20 years of HomeCaring Periods in their pension entitlement calculation for applicants who took time out of the workplace for parenting or caring duties.
When this person’s pension entitlement was assessed under the TCA, there was no change in their previous rate of 85% of maximum pension. This decision issued to them in writing on 24 May 2019.
The person concerned is in receipt of the correct rate of pension payable commensurate with their social insurance record held by my Department.
I hope this clarifies the position for the Deputy.
1152. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made on an application by a person (details supplied) for the State pension (non-contributory); and if she will make a statement on the matter. [19475/21]
Amharc ar fhreagraThe person concerned reached pension age on 24 February 2021 and submitted an application for state pension non-contributory on 18 March 2021.
State pension non-contributory has been awarded, with effect from 26 February 2021. The person concerned was notified of this decision on 14 April 2021. Payment of the pension arrears due will issue shortly.
I trust this clarifies the matter for the Deputy.
1153. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if she will address a matter in relation to an overpayment (details supplied). [19477/21]
Amharc ar fhreagraFollowing receipt of recent correspondence from the person concerned, the overpayment assessed against him is being reviewed. A deciding officer will be in direct contact with the person concerned regarding the outcome of the review as soon as possible.
I trust this clarifies the position for the Deputy.
1156. Deputy Robert Troy asked the Minister for Social Protection if entitlement to a State pension through the ten year rule can be re-examined in cases in which an applicant has previous contributions in the UK which could be taken into account. [19607/21]
Amharc ar fhreagraThe State pension (contributory) is a PRSI-based pension, financed by contributions made by current workers and their employers, and paid to pensioners, at a rate based upon their PRSI record when working. In general to qualify for the State pension (contributory) a person must have at least 520 paid contributions and satisfy a yearly average test (a yearly average of 48 contributions paid and/or credited is required for a maximum rate pension). There are no plans to remove this requirement.
Where an applicant was employed in another EU Member State, or in a country with which Ireland has a bilateral social security agreement, their insured periods in those countries may be combined with their Irish insurance to assess their entitlement to a pro-rata State pension (contributory). EU legislation and bilateral agreements provide that comparative pension assessments for standard-rate State pension (contributory) under Irish legislation alone, and for pro-rata State pension (contributory) under EU or bilateral agreement provisions, be undertaken and whichever is the most financially beneficial pension entitlement for that pensioner is awarded to them.
The rate of entitlement is based on the proportion of Irish full-rate social insurance contributions to the person’s total combined Irish and EU social insurance contributions. The greater the number of Irish contributions paid by a person, the higher their weekly rate of EU pro-rata State pension entitlement. Conversely, a greater amount of full-rate EU contributions would yield a lower rate of pro-rata pension. Entitlement to pension calculation in another jurisdiction is a matter for the pension authorities in those countries.
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.
1157. Deputy Robert Troy asked the Minister for Social Protection the minimum amount of pension income which a person resident here is expected to live off. [19609/21]
Amharc ar fhreagraThe minimum essential standard of living, MESL, is an assessment, developed by the Vincentian Partnership for Social Justice, VPSJ, of the minimum income needed to live and partake in the social and economic norms of everyday life for various household types. My Department has partly funded the excellent, detailed work of the VPSJ for a number of years, and I find it extremely useful.
In 2020, the MESL for a single pensioner living in an urban environment was calculated to be €260.41 and income for such pensioners receiving the means-tested State Pension (non-contributory) with associated secondary benefits such as living alone increase, household benefits package, the fuel allowance and the telephone support allowance would exceed that threshold.
From an adequacy point of view, the Irish State pension is excellent at protecting pensioners from poverty, with CSO statistics showing that our pensioners are the age group least likely to be at risk of poverty.
I hope this clarifies the matter for the Deputy.
1158. Deputy Éamon Ó Cuív asked the Minister for Social Protection the cost associated with increasing all basic adult social welfare rates including the increase for a qualified adult by €10 per week; and if she will make a statement on the matter. [19613/21]
Amharc ar fhreagraThe estimated full year cost of a €10 increase to all weekly social welfare payments, with a proportionate increase for qualified adults where relevant, is €780.5 million.
This costing is subject to change in the context of emerging trends and associated revision of the estimated numbers of recipients.
1159. Deputy Paul McAuliffe asked the Minister for Social Protection if she will review the case of a person (details supplied) regarding a widow’s pension. [19643/21]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 2 March 2021.
The appeal related to the decision of a Deciding Officer not to back-date the award of a late claim for Widower's Contributory Pension by more than six months beyond the date of application. The operative legislation provides for possible further backdating beyond the period of six months in two limited circumstances only. Firstly, when the delay in making the claim was due to information given by an officer of the Minister to the person concerned (or someone acting on their behalf) and secondly, where the delay was due to the person being so incapacitated that he or she was unable to make a claim (or appoint a person to act on their behalf).
In his decision the Appeals Officer noted that the person concerned had related the circumstances pertaining to his late application and acknowledged the impact the death of his wife and the subsequent grieving process had on him. However, the Appeals Officer did not find that this encompassed sufficient evidence to invoke either of the above two legislative criteria to enable backdating beyond six months.
The social welfare appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act 2005 by an Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Social Welfare Appeals Office for consideration.
The Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts. To request a review under Section 318 of the Act a statement is required as to how the Appeals Officer may have erred in relation to the law or the facts.
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 on social welfare entitlements.
I trust this clarifies the matter for the Deputy.
1160. Deputy Brendan Griffin asked the Minister for Social Protection if the enterprise support grant will be made available to sole trader rate payers that did receive restart grants; and if she will make a statement on the matter. [19651/21]
Amharc ar fhreagraThe Enterprise Support Grant (ESG) is available to eligible self-employed recipients of small businesses who close their Pandemic Unemployment Payment (PUP) and re-start their business and who are not eligible for other grants available from other Government Departments. A once-off grant of up to €1,000, to assist with the costs associated with reopening, is available under this measure.
The grant is payable to self-employed individuals who employ fewer than 10 people, have an annual turnover of less than €1 million and are not eligible for Covid related business grants from other Departments, such as the COVID19 Restrictions Support Scheme.
Approximately 9,000 applications have been approved since the introduction of this grant, with funding of almost €8.3m paid to small businesses. A provision of €12m is available for this support in 2021.
Covid related supports for businesses who operate from a premises and are liable for rates are primarily a matter for the Department of Enterprise, Trade and Employment.
I trust this clarifies the matter for the Deputy.
1161. Deputy Bernard J. Durkan asked the Minister for Social Protection when a disability allowance will be reinstated in the case of a person (details supplied); if the payment can be reinstated as a matter of urgency; and if she will make a statement on the matter. [19666/21]
Amharc ar fhreagraThe person concerned submitted an application for disability allowance (DA) on 24 August 2018. His application, based upon all the evidence submitted, was refused on medical grounds as it was not found that he was substantially restricted in taking up employment. He was notified in writing of this decision on 9 January 2019.
A further application for DA was received from the person concerned on 22 July 2020 which was also refused on medical grounds. The person concerned was notified of this in writing on 24 August 2020. He was also advised of his right to request a review or to appeal this decision to the independent social welfare appeals office (SWAO). No request for a review or an appeal has been received.
My Department requires customers to provide certain personal data in order to determine eligibility for relevant payments or benefits. No request for information regarding third parties in the rental accommodation of the person concerned issued from the DA section.
I trust this clarifies the matter for the Deputy.
