Written Answers Nos. 308-320
308. Deputy Willie O'Dea asked the Minister for Social Protection when a decision will be made in relation to an application for enhanced illness benefit by a person (details supplied); and if she will make a statement on the matter. [21955/22]
Amharc ar fhreagraThe Enhanced Illness Benefit claim from the person concerned has been awarded from 12 April 2022 to 1 May 2022. Arrears have issued to her paying her in full for this period.
If the person concerned is still out sick from work due to Covid-19, she should submit a further medical certificate as soon as possible in order for further payment to issue to her.
I trust this clarifies the position for the Deputy.
309. Deputy Seán Canney asked the Minister for Social Protection if a person whose entitlement to the illness benefit is exhausted after two years can sign on for credits in the time between the end of their illness benefit and the making of an invalidity pension application in cases in which that person had full PRSI contributions made prior to becoming ill and who worked in the private sector; and if she will make a statement on the matter. [21969/22]
Amharc ar fhreagraA person who satisfies the conditions for receipt of Illness Benefit can receive a payment for a maximum of 1 or 2 years depending on the level of PRSI contributions they have paid.
In advance of the ending of their entitlement to a payment a letter issues advising as to the date the entitlement is due to end. The letter advises as to the options available going forward. In this regard the person is advised that they may continue to submit medical certificates in order to be awarded credits, or if they expect to be unable to attend work for a period of at least another year they can apply for Invalidity Pension, which is contribution based, or Disability Allowance which is a means tested scheme. If the person expects to be in a position to resume work in the short-term they can apply for a Jobseeker's payment.
If a person remains out of work but does not satisfy the criteria for the schemes mentioned above and they are struggling to meet their basic financial needs they could apply for assistance under the terms of the Supplementary Welfare Allowance scheme.
I trust this clarifies the position for the Deputy.
310. Deputy Éamon Ó Cuív asked the Minister for Social Protection if she is considering any changes to the eligibility criteria for the award of the free fuel allowance for rural social scheme participants; if she will consider a means tested approach based on actual income together with the criteria of having been in receipt of the fuel allowance before going on the scheme; and if she will make a statement on the matter. [21999/22]
Amharc ar fhreagraThe Fuel Allowance is a payment of €33.00 per week for 28 weeks (a total of €924 each year) from October to April, which is currently supporting more than 372,000 households, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.
The Fuel Allowance payment is targeted towards those who are more vulnerable to energy poverty, including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.
If a participant on a Rural Social Scheme (RSS) was in receipt of Fuel Allowance prior to going on the scheme, they can continue to receive the Fuel Allowance payment while participating on the scheme once they continue to satisfy the qualifying conditions.
If the RSS participant was not in receipt of the Fuel Allowance payment prior to going on the RSS they may still apply for and qualify for Fuel Allowance in the following circumstances.
- If the RSS participant was in receipt of a long-term qualifying payment prior to going on the RSS this will allow them to satisfy the qualifying payment element. However, all other qualifying conditions of Fuel Allowance must also be satisfied.
- Where the RSS participant has an established underlying entitlement to Fuel Allowance but is not in receipt of the allowance because another member of the household was receiving the payment, it is open to the RSS participant to apply for fuel allowance if these circumstances change, e.g., where the fuel allowance recipient leaves the address.
Any decision to extend the eligibility criteria for Fuel Allowance in the manner outlined by the Deputy would have to be considered in the context of overall budgetary negotiations.
Under the Supplementary Welfare Allowance scheme, Exceptional Needs Payments may be made to help meet an essential, once-off cost which customers are unable to meet out of their own resources, and this may include exceptional heating costs. Decisions on such payments are made on a case-by-case basis.
I hope this clarifies the matter for the Deputy.
311. Deputy Claire Kerrane asked the Minister for Social Protection if she has considered making lone parent family payments available in respect of the guardianship of foster children; if her attention has been drawn to the fact that lone parents cannot avail of those supports such as the one parent family payment and the jobseeker’s transitional payment for the children they are fostering; and if she will make a statement on the matter. [22058/22]
Amharc ar fhreagra318. Deputy Claire Kerrane asked the Minister for Social Protection the processes that are in place to support lone parents who are foster parents (details supplied); and if she will make a statement on the matter. [22123/22]
Amharc ar fhreagraI propose to take Questions Nos. 311 and 318 together.
Under current social welfare legislation in order to be eligible for the One Parent Family Payment (OFP) an applicant must be a qualified parent, as outlined in Section 172 of the Social Welfare Consolidation Act 2005, of at least one child under the age of 7, who is ordinarily resident in the State. The eligibility criteria for the Jobseeker Transitional (JST) scheme are the same as the OFP scheme except that the client must be a qualified parent of at least one child aged between 7 and 13 years (inclusive). Section 148A 2(a) of the Social Welfare Consolidation Act 2005 outlines the definition of qualified parent for the JST scheme. Additional scheme conditions such as a means test, and absence of cohabitation also apply to both schemes.
A qualified parent for the purposes of the OFP and JST schemes includes:
1. a widow,
2. a widower,
3. a separated spouse,
4. an unmarried person,
5. a person whose spouse or civil partner has been committed in custody to a prison or place of detention for not less than 6 months, or
6. a surviving civil partner,
7. a civil partner who is not living with the other civil partner of the civil partnership, or
8. a person who is not a party to a civil partnership
who is the parent, step-parent, adoptive parent or legal guardian of at least one relevant child, who normally resides with that person.
Therefore, to be a qualified parent the applicant must legally be defined as either the parent or legal guardian of the relevant child. A foster carer is not the parent or legal guardian of the foster child, as required by the governing legislation for OFP and JST. Therefore, for the purposes of the OFP and JST schemes the foster parent is not a qualified parent and cannot currently qualify for OFP or JST with the foster child as the relevant child.
The provision of fostering services is a matter for Tusla (the Child and Family Agency). This includes any supports, including financial, that are required by either the foster carers or the foster child. Tusla provides a Foster Care Allowance in respect of each child in foster care. The payment is made to provide for the needs of the child. The weekly Foster Care Allowance is currently €325 per child under 12, and €352 for children aged 12 and over. Foster care allowances from Tusla are not taken into account in the means test for social welfare payments and are not taxable.
In addition to the Foster Care Allowance, there are other income supports currently available to a foster parent(s):
Child Benefit - Where a child has been placed in foster care by Tusla and the child has been in the continuous care of the foster carer(s) for 6 months, Child Benefit may then transfer to the foster carer(s).
Increases for Qualified Child (IQC) on Primary Social Welfare Payments - A foster parent who is in receipt of a primary social welfare payment (such as jobseeker’s allowance) can receive an increase for a qualified child in respect of a foster child (as long as no other person is in receipt of an IQC in respect of the same child).
Working Family Payment - The Working Family Payment is paid to low-income families according to the number of children in the family. As outlined above, a child in foster care can be a qualified child for social welfare schemes. As the Working Family Payment definition of a child is based on the definition of qualified child, a foster parent with only foster children can qualify for the working family payment (subject to meeting all of the other qualifying conditions).
Back to Work Family Dividend (BTWFD) - The Back to Work Family Dividend legislation uses the qualified child definition in its eligibility rules. Therefore, if a foster parent moved off Jobseeker's Allowance and had been in receipt of an IQC for their foster child they would be entitled to the BTWFD on the same basis as others.
I trust this clarifies the matter for the Deputy.
312. Deputy Claire Kerrane asked the Minister for Social Protection the reason that the guardian's payment is set at a rate of €191 per week; the way that this rate varies for additional children or for children with additional needs; and if she will make a statement on the matter. [22059/22]
Amharc ar fhreagraGuardian’s payment (contributory) and guardian's payment (non-contributory), are respectively social insurance and social assistance (means tested) payments made to a person caring for a child who satisfies the definition of an “orphan” under social welfare legislation. The purpose of the guardian's payment scheme is to provide income support in respect of those children whose parents are unable to provide for them, through death or other circumstances.
Currently there are around 1,750 people receiving a guardians payment in respect of approximately 2,600 children. Guardian’s payment, at the weekly rate of €191 per child, is the highest rate of weekly child income support paid by my Department. There is just one standard rate payable per child. Expenditure on the guardians payment schemes amounted to some €24m in 2021.
A person can receive a guardian's payment (or more than one guardian's payment if they have more than one child in their care) at the same time as any other social welfare payment to which they may be entitled. In addition, guardian’s payment is payable in respect of a child aged 18-22, provided the child is in full-time education.
In addition to the universal payment of child benefit of €140 per child per month, the Department has a number of other payments available to assist families with children, including –
- Working Family Payment which is a means-tested payment income support for families where one or more adult is working.
- Back to School Clothing and Footwear Allowance which is an annual payment to eligible families to assist with the extra costs when children start school each autumn.
- Supplementary Welfare Allowance includes payments to help meet essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income.
- Domiciliary Care Allowance (DCA) is an allowance payable in respect of children with a severe disability, who require care and attention substantially in excess of that required by other children their age without their disability.
I hope this clarifies the matter for the Deputy.
313. Deputy Claire Kerrane asked the Minister for Social Protection when she will publish her response to the Pension Commission's report considering she had initially indicated that she would report by the end of March 2022; and if she will make a statement on the matter. [22060/22]
Amharc ar fhreagraThe Pensions Commission’s Report was published in October 2021. The report contained almost 250 pages of analysis, consideration and recommendations. It established that the current State Pension system is not sustainable into the future and that changes are needed and it has set out a recommended approach by Government.
In the interests both of older people and future generations of older people, the Government intends to consider the comprehensive and far reaching recommendations in the Pensions Commission’s Report very carefully and holistically. This includes careful consideration of the various views submitted by the Joint Oireachtas Committee on Social Protection, Community and Rural Development and the Islands, and the Commission on Taxation and Welfare.
Following detailed consideration of all of this in the round, I will bring forward a recommended response and implementation plan to the Pensions Commission’s recommendations as soon as possible. While I had intended that this would be completed earlier, the Deputy will appreciate that my Department has been centrally involved in the Government response to the crisis in Ukraine and other important matters in recent weeks.
As the bedrock of the pension system in Ireland, the State Pension is very effective at ensuring that our pensioners do not experience poverty. This Government is committed to ensuring that this remains the case for current pensioners, those nearing State Pension age and today’s young workers.I hope this clarifies the matter for the Deputy.
314. Deputy Claire Kerrane asked the Minister for Social Protection when she will publish her response to the Child Maintenance Review Group; and if she will make a statement on the matter. [22061/22]
Amharc ar fhreagraIn line with the Programme for Government, the Government established a Child Maintenance Review Group to examine certain issues in relation to child maintenance in Ireland. The Group was chaired by former Circuit Court Judge Catherine Murphy and included legal, policy and academic professionals as well as officials from my Department and the Department of Justice.
The Group's Terms of Reference were to consider and make recommendations on:
(i) the current treatment of child maintenance payments in my Department;
(ii) the current provisions regarding liable relatives managed by my Department; and
(iii) the establishment of a Child Maintenance Agency in Ireland.
I am pleased to advise that the Group has completed its work and that its report was submitted to me on 22 April. I would like to thank the Chair and the Group members for their detailed consideration of these important issues.
It is my intention to give the report careful consideration before bringing it to Government and publishing it in due course.
315. Deputy Duncan Smith asked the Minister for Social Protection the number of fuel allowance applications that were refused in each of the past three years nationwide; and if she will make a statement on the matter. [22076/22]
Amharc ar fhreagraThe Fuel Allowance scheme is a means tested payment to assist pensioners and other long-term social welfare dependent householders with their winter heating costs. The payment is a contribution towards heating costs, it is not intended to meet these costs in full. The payment is made over the winter season at the weekly rate of €33.00 or, if preferred, by way of two lump sum payments. Only one Fuel Allowance is payable per household. Those who qualify for the payment do not need to reapply annually.
As at the end of December 2021, there were almost 375,000 Fuel Allowance recipients. At the end of 2020, the number of recipients was also of the order of 375,000 and at the end of 2019, the number was in excess of 369,000. Precise information on the total number of refusals in each of these years is not readily available. Where an application for fuel allowance is disallowed, it is open to the person to re-apply if there is a change in their circumstances.
The Government is acutely aware of the increase in consumer prices in recent months, especially the increase in fuel and other energy prices. To help mitigate the effects of these rising costs, the Government announced additional expenditure measures of €505 million. As part of these measures, I announced an additional lump sum payment of €125 to households in receipt of the fuel allowance payment. This additional lump sum was paid in March 2022 at an estimated cost of €49 million.
The National Energy Security Framework includes provision for a further additional lump sum payment of €100 to be paid to all households in receipt of fuel allowance in the last week of the (2021/22) fuel allowance season – a payment equivalent to over 3 weeks additional fuel allowance. It is planned to make this additional €100 fuel allowance payment in mid-May.
Under the Supplementary Welfare Allowance scheme, discretionary payments can be made to help people with the cost of heating their homes. A Heating Supplement may be paid to assist people with exceptional heating costs due to ill health or infirmity who cannot meet those costs. My Department also provides discretionary Exceptional Needs Payments to people who face difficulties in meeting fuel bills.
I hope this clarifies the matter for the Deputy.
316. Deputy Duncan Smith asked the Minister for Social Protection the number of fuel allowance applications that were refused in each of the past three years nationwide in cases in which the person living in the home of the applicant was on a non-qualifying social protection payment; and if she will make a statement on the matter. [22077/22]
Amharc ar fhreagraThe Fuel Allowance scheme is a means tested payment to assist pensioners and other long-term social welfare dependent householders with their winter heating costs. The payment is a contribution towards heating costs, it is not intended to meet these costs in full. The payment is made over the winter season at the weekly rate of €33.00 or, if preferred, by way of two lump sum payments. Only one Fuel Allowance is payable per household. Those who qualify for the payment do not need to reapply annually.
As at the end of December 2021, there were almost 375,000 Fuel Allowance recipients. Common disallowance reasons include where the means of the customer or household exceeds the permissible threshold; the applicant resides with a non-qualified person (for example, someone in employment); or the applicant resides with another person who is already in receipt of fuel allowance. Where an application is disallowed, it is open to the person to re-apply if there is a change in their circumstances.
Precise information on the number of applications disallowed, including due to a person living in the home of the applicant who was on a non-qualifying social welfare payment, is not readily available,
The Government is acutely aware of the increase in consumer prices in recent months, especially the increase in fuel and other energy prices. To help mitigate the effects of these rising costs, the Government announced additional expenditure measures of €505 million. As part of these measures, I announced an additional lump sum payment of €125 to households in receipt of the fuel allowance payment. This additional lump sum was paid in March 2022 at an estimated cost of €49 million.
The National Energy Security Framework includes provision for a further additional lump sum payment of €100 to be paid to all households in receipt of fuel allowance in the last week of the (2021/22) fuel allowance season – a payment equivalent to over 3 weeks additional fuel allowance. It is planned to make this additional €100 fuel allowance payment in mid-May.
Under the Supplementary Welfare Allowance scheme, discretionary payments can be made to help people with the cost of heating their homes. A Heating Supplement may be paid to assist people with exceptional heating costs due to ill health or infirmity who cannot meet those costs. My Department also provides discretionary Exceptional Needs Payments to people who face difficulties in meeting fuel bills
I hope this clarifies the matter for the Deputy.
317. Deputy Robert Troy asked the Minister for Social Protection the reason that 520 credits are required to qualify for the home caring periods scheme (details supplied). [22088/22]
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. A person is required to have a minimum of 520 paid reckonable PRSI contributions in order to qualify for the State Pension (Contributory). As the actuarial value of the State Pension is currently estimated at approximately €380,000, it is reasonable to require people claiming a contributory pension to have made at least 10 years of paid contributions over the term of their working life.
The State pension system provides significant recognition to those whose work history includes an extended period of time outside the paid workplace, often to raise families or in a full-time caring role.
This is provided through the award of 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 Contribution Method (also known as the 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.
- The 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 Contribution Method (also known as the Interim Total Contributions Approach) of pension calculation. HomeCaring Periods may be awarded for each week not already covered by a paid or credited social insurance contribution (regardless of when they occurred) to a maximum of 20 years.
Since April 2019, all new State (Contributory) Pension applications are assessed under all possible rate calculation methods, including the Yearly Average and the interim Total Contributions Approach, with the most beneficial rate paid to the pensioner. The elements which make up each method are set out in legislation.
It should be noted that if a person does not satisfy the conditionality to qualify for State Pension (Contributory), s/he may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% that of the maximum rate of the State Pension (Contributory). Alternatively, if his/her spouse is a State pensioner and has significant household means, his/her most beneficial payment may be an Increase for a Qualified Adult, based on his/her personal means, and amounting to up to 90% of a full contributory pension.
The Pensions Commission was established in November 2020 to examine sustainability and eligibility issues with the State Pension and the Social Insurance Fund, in fulfilment of a Programme for Government commitment.
The Commission has now concluded its work and has submitted its final report to me. The report has been published on the Government website. It is extremely detailed, running to several hundred pages, and covers a range of complex matters in relation to the Pensions system which require very careful consideration. In this regard, I intend bringing a recommended response and implementation plan to Government in the coming weeks.
I hope this clarifies the matter.
319. Deputy Michael McNamara asked the Minister for Social Protection when a decision will issue to a person (details supplied); and if she will make a statement on the matter. [22221/22]
Amharc ar fhreagraThe 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 together with the relevant Departmental papers were received by that office on 29 March 2022. The case was referred to an Appeals Officer on 12 April 2022, 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.
320. Deputy Richard Bruton asked the Minister for Social Protection if her attention has been drawn to the acute problems in reinstating important services for rehabilitating drug dependent young person's due to the lack of community employment youth workers such as in a case (details supplied); and if she will consider changing current community employment regulations to allow key support workers be retained. [22241/22]
Amharc ar fhreagraAs the Deputy is aware, Community Employment (CE) drug rehabilitation schemes have a very significant social inclusion focus, are well embedded in our local communities nationally and are generally engaged in significant levels of local service support and delivery. The role of the service support worker is crucial in providing these services.
I refer to your question on behalf of Kilbarrack Coastal Community Programme (KCCP) regarding difficulty experienced recruiting CE participants as youth support and drug rehabilitation support workers. Where vacancies occur on CE schemes, eligible candidates are identified by my Department’s activation services and are referred to fill placements on CE schemes. Jobseekers can also register their interest through www.jobsireland.ie, the Department’s online job advertising and recruitment service website or by contacting a case officer in their local Intreo Centre. CE candidates are then referred to the CE scheme once their eligibility has been confirmed and CE is considered a suitable activation measure for that jobseeker. Referrals are being made to KCCP by the Department's activation service; however, some of the candidates referred unfortunately have not been deemed suitable for the specific roles.
In order to support CE schemes and to assist with the transition from COVID emergency supports, Minister Humphreys and I have put transitionary measures in place whereby participants, including those with extended contracts, may not be required to leave CE, until a suitable replacement has been referred to the scheme. This provision will support schemes to retain services, given the higher-than-normal turnover of participants in 2022. Any extension under this provision must be approved by officials from the Department and consideration will be given to the impact of COVID on the recruitment of participants, services provided by schemes, along with recruitment and referral efforts. I understand that one such extension is currently under consideration in respect of the KCCP CE scheme.
I believe that these flexibilities will ensure services provided by CE schemes will continue to be supported, as we phase out COVID emergency supports while ensuring that CE places remain available to long term unemployed persons within communities.
I trust this clarifies the matter for the Deputy.
