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Written Answers — Department of Environment, Community and Local Government: Non-Principal Private Residence Charge Administration (26 Mar 2015)

Willie O'Dea: 232. To ask the Minister for Environment, Community and Local Government if he is aware that many persons who reside outside the country and own homes here were unaware of the introduction of the non-principal private residence tax, and yet they are now facing interest and penalties for not paying the original tax; his views that this is fair; and if he will make a statement on the matter....

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I look forward to the Minister's response on section 5 but it is regrettable that this amendment has been ruled out of order. The amendment seeks to change section 1. It represents a final plea to the Minister. We have been through the impact on working lone parents ad nauseam. The changes that will start in May have no impact on non-working lone parents, but they will have an impact on...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Is the Minister of State simply using the agency system to replace medical assessors the Department is unable to recruit or is he increasing the number of assessors?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Usually the grounds for ruling an amendment out of order is that it represents a charge on the Exchequer. Why has Deputy Collins's amendment been ruled out of order? What is the rationale?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I have some sympathy for Deputy Butler's point of view to the effect that in certain cases pressure can be applied or pressure can arise in respect of people looking for a certificate from a doctor. I will set out my experience. The Minister of State remarked that the medical assessors in the Department do not question a diagnosis. I have dealt with several cases. In fact I am dealing...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Would it not be possible to make a counter argument that the State could actually save money because it would not need the medical assessments in the first place?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Would it not be possible to make the counter argument that the State could actually make a saving because it could then dispense with the medical assessors, who are on €80,000 a year?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I take the point about the time period. There are situations where a shorter period than 12 months should be provided for, exceptional though these may be. I wonder about the rationale behind this section. Every member will agree that it is difficult in practice now to get carer's allowance for whatever reason. I was in touch with the Department only yesterday regarding a case of a...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Ultimately awarded it.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I do not want to labour the point but I am glad to hear that the percentage of people getting carer's allowance went up last year. These things tend to ebb and flow but that does not answer my point. I would be prepared to bet that many of those successful applicants had to go through the whole gamut from the initial application to the review and, ultimately, to the appeals officer and in...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: As was read out, the presumption was the other way under the Social Welfare Consolidation Act. One was presumed to be entitled unless and so on, but now one is not presumed to be entitled and that can only operate against the applicant.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: The onus has changed.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: There was not a presumption of non-eligibility.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: It looks like there is.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I move amendment No. 9:In page 7, line 26, after “where,” to insert “4 weeks”. Do I take it that this amendment is the one that is not out of order?

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I introduced it to bring a bit of flexibility into the situation. We are talking about people who were in receipt of social welfare immediately before going onto a scheme. Sometimes it can take a bit of an arrangement to get onto a scheme. It might take a week or two after the social welfare payment ceases. I am sure the section, as drafted, probably encapsulates the situation but I...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: My concern is about the use of the word "immediately". I am trying to provide for a time gap in case a person's social welfare ran out and it took him or her a while to get organised and to get on a scheme.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Okay.

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: Under the relevant section of the principal Act as originally drafted, if the Department of Social Protection owed someone money and if it transpired that the individual in question also owed money to it, then one could be offset against the other. Apparently the law was changed to state that when the overpayment by the Department was the result of fraud, then the money involved could not be...

Committee on Education and Social Protection: Select Sub-Committee on Social Protection: Social Welfare (Miscellaneous Provisions) 2015: Committee Stage (25 Mar 2015)

Willie O'Dea: I have an aversion to the idea of someone being deemed to be a fraudster, to have defrauded the Department of Social Protection wilfully, which is one of the worst things one could do on the opinion of one official. I will refer to this on Report Stage. I would make one suggestion to the Minister of State, Deputy Humphreys. When it was introduced, the 15% rule was a maximum. The 15% of the...

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