Seanad debates

Monday, 1 February 2021

Response to Covid-19 (Social Protection): Statements

 

11:00 am

Photo of Mark WallMark Wall (Labour) | Oireachtas source

I welcome the Minister back to the House and, along with colleagues, congratulate her on her very good news. It is great to hear good news like that in these particular times. I also want to record my thanks to the Minister's Department for the considerable amount of work it has completed since the beginning of this pandemic. As I said here previously, it has been a tremendous effort by everybody involved in the Department.

I have never considered myself to be a populist politician but I want to raise again an issue that the Minister raised in the Dáil last week, that is, the taxation of the PUP. I note that the Free Legal Advice Centres, FLAC, have reiterated their concerns about the fairness and legality of section 3 of the Finance Act 2020, which retrospectively creates a tax liability on PUP claims. They stated that in light of the Minister's statement in regard to the matter in the Dáil on Thursday, it remains unclear whether the Attorney General's advice was ever sought in regard to that legislation. They believe the Government should urgently seek fresh legal advice on the matter. I would appreciate the Minister addressing this matter once again. As was stated in the Dáil, there appear to be inconsistencies between the official statements released by the Department and the political statements released by the Minister for Finance regarding the original legal basis of the PUP and its implications for the potential taxation of the payment. In May 2020, the PUP was described as a social welfare payment that is taxable as income. That was in response to a parliamentary question to the Minister for Finance. In August 2020, however, the PUP was categorised as a social assistance payment. Such payments are not normally subject to tax. The Minister stated in the Dáil that the taxation of the payment is fair. In light of the continued concern of FLAC, I ask her to address it here again today.

I also ask the Minister if consideration has been given to allowing those under the age of 18 but who are paying tax the opportunity to apply for the PUP should the need arise.

I want to take up a point raised by my colleague, Deputy Sherlock, in the Dáil recently. Deputy Sherlock put forward the idea of a so-called one-stop-shop for families who find themselves dealing with a bereavement. As I am sure is the case for many public representatives, I have taken a number of telephone calls from families at their most urgent hour of need. I want to record again my thanks to the community welfare officers and Department of Social Protection officials I have dealt with on behalf of those families. In all cases they have been fair and considerate and have carried out their work in a timely fashion. That is very important to families who worry about funeral bills and payments as they deal with the loss of a loved one. Also, as there is so much more involved at this difficult time from obtaining a death certificate to informing social welfare departments of the passing, it can be and is a very emotional and distressing time. I ask the Minister to consider this one-stop-shop proposal. Perhaps one form could be used to release assistance and inform all relevant Departments. That would certainly be welcomed by families at what is a very difficult time for them.

I also ask the Minister to address the area of pensions, in particular, those who find themselves finishing unemployment at the age of 65.In this House previously, as well as in the Dáil, the Minister committed to changing the requirement on those who retire from work at the age of 65 to sign on for the jobseeker's payment in order to receive State income support. She has stated in replies to various public representatives that she will formally remove the current requirements for people of this age to sign on, participate in activation programmes or give an undertaking that they are genuinely seeking work. This, as the Minister said, will formalise an administrative practice that has been in place for some time. She had indicated that she would hope to have this in place by the end of January. Thankfully, she stated there would be a special payment for those aged 65, that there would be no requirement to seek work, and that those concerned would simply complete the application form. It would not involve signing on. The Minister reassured those aged 65 that there would be no issue with them attending their local social protection office to apply for the payment. She stated the payment would be made for 12 months. I would really appreciate it if she had an update for those affected and those who will be 65 shortly. It would really be appreciated by all.

I am aware that there was much discussion of the community employment, CE, schemes the other day in the Dáil. We all welcomed the statement by the Minister of State, Deputy Joe O'Brien, on the extension of the timeframe applying to those in the schemes given the terrific and essential work that is being carried out. Today I would like an update on the issues surrounding CE supervisors' pensions and their request. I would appreciate it if the Minister could update us on this process. We are all aware of the terrific job all the CE supervisors do in carrying out their roles and assisting all in our communities. I am sure we would all support the proposal, and I would appreciate an update today on this important matter.

I cannot let go the opportunity to raise once again the carer's allowance means test. In these unprecedented times, I continue to receive calls from carers who are totally committed, giving 24-7 care to the person they are looking after, but who do not pass the means test, in many cases failing it by a very small amount. I ask the Minister to review the means test urgently.

Is the time it takes to deal with social welfare appeals being affected negatively by the Covid pandemic? I note always the independence from the Department of the appeals process but I ask the Minister whether she is aware of the times involved. I am currently dealing with a number of people who have been awaiting the outcome of an appeal for a considerable time.

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