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Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: Deputy Daly is saying she wants a deterrent. The problem is whether the deterrent will incentivise companies to close their pension schemes. Deputy Daly must be conscious of that. She referred to a couple of State bodies, but they are less likely to wind up. Incidentally, with regard to the ESB, I made it clear from the start that in respect of pensions legislation and the Pensions Board,...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: There is a globalisation fund.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: No.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: I must return to the point I made on Second Stage, namely, that the crisis in pensions is caused by two factors. The first of these is the change in life expectancy we have seen in recent decades. When pension funds were originally set up, people did not live very long after retirement. Happily, people are now living for far longer, with most of them being far healthier in retirement. The...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: I appreciate the sentiments and motives behind the amendments. Very serious consideration was given during the deliberations on these issues in the past few years to imposing a statutory obligation on employers, which the amendments suggest. Defined benefit pension schemes in Ireland are set up and maintained by employers on a voluntary basis. There has never been a statutory obligation on...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: The Deputy's assumptions about the practices are correct. As the Deputy is aware, people are better off doing a review than going to appeals, but with the improvements in technology, everybody has seen a very significant improvement in processing. Having the right to make a fresh application for a change of circumstances is a valuable right and is the right thing to do in many cases. With...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: First, in regard to Waterford Crystal, the point is that the Waterford Crystal case has been addressed by the European Court and the workers have won their case. The applicants in the case have the matter before the Irish courts and the Irish courts are proceeding to address the matter. The point is that the Waterford Crystal workers' situation is covered by the court judgment they received...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: It could be but he has also made a reference to general funds. The point is that in the context of the new levy, that funding has been put in place, and that is a good measure.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Business of Select Sub-Committee (12 Dec 2013)

Joan Burton: Yes. I understand there is an arrangement for a sos and to come back in the afternoon and evening. I am fine with that and I am at the select sub-committee's disposal.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare and Pensions (No. 2) Bill 2013: Committee Stage (12 Dec 2013)

Joan Burton: This arises in the context of a recent High Court case. The social welfare system has a practice of appeals officers revising decisions in a particular set of circumstances. There are approximately 2 million applications per year to the Department for a whole range of benefits. When the appeals process has been exhausted but where circumstances have changed, the Department allows a fresh...

Written Answers — Department of Social Protection: Domiciliary Care Allowance Appeals (12 Dec 2013)

Joan Burton: The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who has decided to convene an oral hearing in this case. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made. The Social Welfare Appeals Office functions...

Written Answers — Department of Social Protection: Domiciliary Care Allowance Appeals (12 Dec 2013)

Joan Burton: An application for domiciliary care allowance was received in respect of the child concerned on the 18th September 2013. This application was referred to one of the Department’s Medical Assessors whose opinion was that the child was not medically eligible for the allowance. A letter issued on the 7th October 2013 advising of the decision to disallow the application. The person...

Written Answers — Department of Social Protection: Disability Allowance Appeals (12 Dec 2013)

Joan Burton: The Social Welfare Appeals Office has advised me that the Disability Allowance appeal from the person concerned was referred to an Appeals Officer who has decided to hold an oral hearing in this case on 12th December 2013. The person concerned has been notified of the arrangements for the hearing. An Oral Hearing in respect of the Supplementary Welfare Allowance appeal for the person...

Written Answers — Department of Social Protection: Community Employment Schemes Funding (12 Dec 2013)

Joan Burton: East Clare Community Co-Operative Society Limited has received funds under the Community Services for a number of years. The funds are provided as a contribution to the management and delivery of a range of services to the community of Scarriff and its environs. The Community Services Programme requires that those in receipt of funds operate on a community business or social enterprise...

Written Answers — Department of Social Protection: State Properties (12 Dec 2013)

Joan Burton: The Deputy will appreciate that issues relating to the number, location and cost of premises rented by the Department in County Donegal is a matter for the Office of Public Works. I will address the use of the former FÁS premises in Gweedore. The Department’s Intreo service is designed, where possible, to ensure that the individual needs of each client are assessed and provided...

Written Answers — Department of Social Protection: Disability Allowance Appeals (12 Dec 2013)

Joan Burton: The person concerned was notified on 21 October 2013 by the Social Welfare Appeals Office that their disability allowance appeal was disallowed. An Appeals Officer’s decision is final and conclusive in absence of any fresh facts or evidence relevant to the period under appeal.

Written Answers — Department of Social Protection: Pensions Legislation (12 Dec 2013)

Joan Burton: Defined benefit (DB) pension schemes in Ireland are set up and maintained by employers on a voluntary basis. There has never been a statutory obligation on employers under Irish law to contribute to their pension scheme (although schemes rules can place some level of obligation). Most defined benefit pension schemes in Ireland were established under a trust deed. As part of the process of...

Written Answers — Department of Social Protection: Pension Provisions (12 Dec 2013)

Joan Burton: You will appreciate that it is not appropriate for me to comment on matters relating to individual pension schemes. Issues that relate to the operation of the scheme are a matter for the trustees of that scheme. The supervision of the scheme under the Pensions Act is a matter for the Pensions Board.

Written Answers — Department of Social Protection: Pension Provisions (12 Dec 2013)

Joan Burton: Defined benefit pension schemes in Ireland are in general set up under trust. The trustees of such pension schemes have a fiduciary duty under trust law and the Pensions Act to act in the best interest of all scheme members. In addition, the Pensions Act provides for further safeguards to protect the interest of pensioners. In the event of the wind up of a pension scheme the provision in...

Written Answers — Department of Social Protection: Social Welfare Appeals Issues (12 Dec 2013)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at oral hearing, decided to disallow the appeal of the person concerned. The daughter of the person concerned wrote to the Social Welfare Appeals Office on 23rd November 2013 requesting the Chief Appeals Officer to review the decision of the...

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