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Written Answers — Social Welfare Benefits: Social Welfare Benefits (20 Jan 2011)

Éamon Ó Cuív: Supplementary welfare allowance, which includes rent supplement, is administered on behalf of the Department by the Community Welfare Services division of the Health Service Executive (HSE). The HSE has advised that the person concerned was refused a rent supplement on the grounds that she was not considered to be habitually resident in the State. It is open to the person concerned to...

Written Answers — Social Welfare Benefits: Social Welfare Benefits (20 Jan 2011)

Éamon Ó Cuív: One of the qualifying conditions for receipt of jobseeker's allowance is that a person must be habitually resident in the State. A Deciding Officer disallowed the jobseeker's allowance claim of the person concerned with effect from 25 February 2010 on the grounds that she is not habitually resident in the State. She appealed this decision and her appeal was forwarded to the Appeals Office...

Written Answers — Pension Provisions: Pension Provisions (20 Jan 2011)

Éamon Ó Cuív: The entitlement of the person to State pension (contributory) is currently being reviewed. She will be notified of the outcome of this review as soon as possible.

Written Answers — Pension Provisions: Pension Provisions (20 Jan 2011)

Éamon Ó Cuív: The qualifying conditions for State pension (transition) require the applicant to · have entered insurable employment before attaining the age of 55 years. · have at least 260 paid contribution weeks, from employment or self-employment, since entry into insurance. · satisfy the yearly average condition. As the Deputy was advised in writing in June of last year, the person concerned has a...

Written Answers — Departmental Agencies: Departmental Agencies (20 Jan 2011)

Éamon Ó Cuív: The bodies under the aegis of my Department are the Civil Defence Board, the Army Pensions Board and the Board of Coiste an Asgard. In the context of settling the Estimates for the Department of Defence for 2010, the Government decided that the national sail training scheme operated by Coiste an Asgard would be discontinued as recommended in the Report of the Special Group on Public Service...

Written Answers — Defence Forces Reserve: Defence Forces Reserve (20 Jan 2011)

Éamon Ó Cuív: Details of the number of serving members of the Reserve Defence Force in each County are being compiled and will be forwarded to the Deputy as soon as it becomes available.

Written Answers — Defence Forces Appointments: Defence Forces Appointments (20 Jan 2011)

Éamon Ó Cuív: Section 15 of the Defence Act 1954 provides for the appointment of a Judge Advocate General of the Defence Forces. It stipulates that the Judge Advocate General shall be a practising barrister-at-law of at least ten year's standing, but cannot be a member of the Defence Forces and shall be appointed by, and hold office during the pleasure of, the President. The current Judge Advocate...

Written Answers — Departmental Staff: Departmental Staff (20 Jan 2011)

Éamon Ó Cuív: All Dublin based civil servants (c. 170) of the Department of Defence, together with some 55 military personnel, moved to Newbridge, Co Kildare under the decentralisation programme in early November 2010. As the entire Department was moving, civil service staff who opted not to decentralise to Newbridge, were transferred to other Dublin based Departments/Offices. It was clearly understood...

Written Answers — Redundancy Payments: Redundancy Payments (19 Jan 2011)

Éamon Ó Cuív: On 1 January 2011, the Department assumed responsibility for making redundancy payments from the Social Insurance Fund. There are two types of redundancy payment made from the fund i.e. rebates to those employers who have paid statutory redundancy to eligible employees and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that...

Written Answers — Redundancy Payments: Redundancy Payments (19 Jan 2011)

Éamon Ó Cuív: I understand the individual concerned took a case for unfair dismissal against his employer before the Employment Appeals Tribunal (EAT) in July 2009. The Tribunal found in favour of the claimant that he was unfairly dismissed and awarded him an amount equivalent to two years' salary. It is the duty of the employer in the first instance to make such payments to the employee. I understand...

Written Answers — Social Welfare Appeals: Social Welfare Appeals (19 Jan 2011)

Éamon Ó Cuív: I propose to take Questions Nos. 158, 161 and 162 together. Figures in regard to the numbers of cases received and outstanding, by scheme, for 2010 and the number of staff in the Social Welfare Appeals Office, are given in the tables attached to this reply. Figures for 2011 in regard to the numbers of cases received and outstanding, per scheme, are not yet readily available. I am advised by...

Written Answers — Social Welfare Code: Social Welfare Code (19 Jan 2011)

Éamon Ó Cuív: Self-employed people can apply for the means-tested jobseeker's allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Self-employed customers do not have to de-register as self-employed persons in order to claim jobseeker's allowance. Information on social welfare entitlements, including for self employed people, is set out on...

Written Answers — Social Welfare Appeals: Social Welfare Appeals (19 Jan 2011)

Éamon Ó Cuív: The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for...

Written Answers — Social Welfare Benefits: Social Welfare Benefits (19 Jan 2011)

Éamon Ó Cuív: The person concerned applied for a back to education allowance (BTEA) payment in September 2010 to pursue a FETAC level 5 child care course. Her application was disallowed on 16th November 2010 as she already holds a qualification at an equivalent or higher level. This decision was reviewed and the disallowance was upheld.

Written Answers — Social Welfare Appeals: Social Welfare Appeals (19 Jan 2011)

Éamon Ó Cuív: The file of the person concerned is currently with an inspector for a review of her means. This will be carried out as soon as possible and she will be notified of the outcome.

Written Answers — Social Welfare Benefits: Social Welfare Benefits (19 Jan 2011)

Éamon Ó Cuív: Farm assist is a means-assessed payment. Assessable income for means purposes is gross earnings less deductions for PRSI, superannuation (including AVCs and PRSAs), the pension levy and union dues. The person's net average assessable weekly earnings are assessed by reference to the previous 13 weeks (or another period if this is more representative of the person's normal working pattern)....

Written Answers — Social Welfare Appeals: Social Welfare Appeals (19 Jan 2011)

Éamon Ó Cuív: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5 October 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 11...

Written Answers — Redundancy Payments: Redundancy Payments (18 Jan 2011)

Éamon Ó Cuív: On 1 January 2011, the Department assumed responsibility for making redundancy payments from the Social Insurance Fund. There are two types of redundancy payment made from the fund i.e. rebates to those employers who have paid statutory redundancy to eligible employees and statutory lump sums to employees whose employers are insolvent and/or in receivership/liquidation. I can confirm that...

Written Answers — Social Welfare Benefits: Social Welfare Benefits (18 Jan 2011)

Éamon Ó Cuív: The one-parent family allowance payment claim from the person concerned is currently with a deciding officer of the Department. A decision will be made as soon as possible and she will be notified of the outcome.

Written Answers — Social Welfare Benefits: Social Welfare Benefits (18 Jan 2011)

Éamon Ó Cuív: The person concerned was awarded carer's benefit on the 10 July 2008. The decision to award carer's benefit was made at that time based on the medical evidence supplied by the person concerned. As his entitlement to carer's benefit was due to expire, he applied for carer's allowance in respect of the same care recipient. The Departments medical assessor, based on the latest medical...

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