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Written Answers — Department of Social Protection: Proposed Legislation (8 May 2013)

Joan Burton: In March 2008 the High Court declared that certain sections of the Civil Registration Act 2004 are incompatible with the obligations of the State under the European Convention on Human Rights to respect the private life of individuals as the legislation does not provide for a process to recognise the acquired gender of transgender persons. The Gender Recognition Advisory Group (GRAG) was...

Written Answers — Department of Social Protection: Household Benefits (7 May 2013)

Joan Burton: In 2013, my Department will spend an estimated €284 million on the household benefits scheme, providing some 410,000 customers with a package worth almost €700 per year. The structure of the electricity and gas allowance was changed from a unit based allowance to a cash credit which is currently €35 per month. This rate is aligned to the best average market rate...

Written Answers — Department of Social Protection: Social Insurance Issues (7 May 2013)

Joan Burton: The determination of the employment status and therefore the PRSI Class applicable to working directors has been the subject of challenges, court judgments and legal advices. As a result, the Department is examining the matters that determine the insurability status of working directors, having regard to these judgments and advices. In the meantime decisions have been suspended. I would...

Written Answers — Department of Social Protection: Carer's Allowance Applications (7 May 2013)

Joan Burton: I confirm that the department received an application for carer’s allowance from the person in question on the 12th of October 2012. The person concerned was refused carers allowance on the 4th of April 2013 on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. He was notified of this decision and the reason...

Written Answers — Department of Social Protection: Rural Social Scheme Eligibility (7 May 2013)

Joan Burton: The purpose of the rural social scheme is to provide income support for farmers and those engaged in fishing who have an entitlement to specified social welfare payments. Participants are engaged for 19½ hours per week to provide certain services of benefit to rural communities. To qualify for participation in the RSS, an individual must be actively farming, have a valid herd number...

Written Answers — Department of Social Protection: Widow's Pension Applications (7 May 2013)

Joan Burton: The Social Welfare Appeals Office has advised me that following an oral hearing of the case in question, the Appeals Officer has referred the case back to a Social Welfare Inspector for further investigation and clarification on certain issues. On receipt of the inspector’s response, the case will be further considered by the Appeals Officer. The Social Welfare Appeals Office...

Written Answers — Department of Social Protection: Disability Allowance Applications (7 May 2013)

Joan Burton: I can confirm that an application for disability allowance (DA) was received from the person concerned on 21 May 2012. The application was referred to a social welfare investigator (SWI) for a means investigation. DA, has contacted the SWI to expedite the case. A decision on the person’s entitlement to disability allowance will be made on receipt of the social welfare...

Written Answers — Department of Social Protection: Pension Provisions (7 May 2013)

Joan Burton: The Labour Court recommended in July 2008 that an agreed pension scheme should be introduced for community employment (CE) scheme supervisors and assistant supervisors, and that such a scheme should be adequately funded by FÁS. Notwithstanding the positions of the Department in rejecting that liability for these costs falls to be met from public funds, this matter has been the subject...

Written Answers — Department of Social Protection: Invalidity Pension Appeals (7 May 2013)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 30th April 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department...

Written Answers — Department of Social Protection: Disability Allowance Eligibility (7 May 2013)

Joan Burton: There is no specific legislative provision for disability allowance to be paid to persons living outside the State. There have been some instances where, in exceptional circumstances, disability allowance has been paid to persons for periods where they were undergoing medical treatment outside the State. In addition, if a person leaves the country a short period, e.g. up to 3 weeks in any...

Written Answers — Department of Social Protection: Disability Allowance Appeals (7 May 2013)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence allowed the appeal of the person concerned by way of summary decision. The person concerned was notified of the Appeals Officer’s decision on 29 April 2013. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of...

Written Answers — Department of Social Protection: Rent Supplement Scheme Administration (7 May 2013)

Joan Burton: The purpose of rent supplement is to provide short-term support to eligible people living in private rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. The overall aim is to provide short term assistance, and not to act as an alternative to the other social housing schemes operated by...

Written Answers — Department of Social Protection: Supplementary Welfare Allowance Payments (7 May 2013)

Joan Burton: Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. The Government has provided over €47 million for the ENP scheme in 2013. ENPs are payable at the discretion of the...

Written Answers — Department of Social Protection: Jobseeker's Allowance Eligibility (7 May 2013)

Joan Burton: The person concerned applied for jobseeker’s allowance from 9 April 2013 and was assessed with means of €169.41 per week arising from his parents’ income. As these weekly means exceed the maximum weekly rate of €144.00 which would have been payable in this instance, the person concerned does not qualify for a jobseeker’s allowance payment. It should be...

Written Answers — Department of Social Protection: Carer's Allowance Appeals (7 May 2013)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 3 December 2012. 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 in the Social Welfare Appeals Office on 22 April...

Written Answers — Department of Social Protection: Rent Supplement Scheme Applications (7 May 2013)

Joan Burton: The person concerned has had Rent Supplement approved – payment is due to issue on 02/May 13.

Written Answers — Department of Social Protection: Rent Supplement Scheme Eligibility (7 May 2013)

Joan Burton: In order to be considered for a rent supplement payment, the person in question must first be assessed by a housing authority as having a housing need. The person concerned was advised of this by the Department in September 2012 and again in December 2012 and he was also provided with documentation and forms to assist him with this process. To date, the person concerned has not provided the...

Written Answers — Department of Social Protection: Domiciliary Care Allowance Appeals (7 May 2013)

Joan Burton: An application for domiciliary care allowance was received from the person concerned on the 14th December 2012. This application was referred to one of the Department’s Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on the 25th February 2013 advising of the decision. The person concerned has now supplied additional...

Written Answers — Department of Social Protection: Departmental Funding (7 May 2013)

Joan Burton: The Money Advice and Budgeting Service ( MABS), under the aegis of the Citizens Information Board, provides a high quality personal service to assist people who are over-indebted and need help and advice in coping with debt problems, in particular those on low incomes and people living on social welfare payments. There has been no reduction in the funding provided to the Citizens...

Written Answers — Department of Social Protection: Disability Allowance Appeals (7 May 2013)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27 February 2013. 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. When received, the appeal in question will be referred to an Appeals...

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