Written answers

Tuesday, 12 April 2005

Department of Social and Family Affairs

Social Welfare Benefits

9:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 523: To ask the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be approved and paid unemployment benefit for the days that they are not working. [10373/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The person concerned applied for unemployment benefit on 16 March 2005.

His claim is currently being examined. A decision will be made as soon as possible and the person concerned will be notified of the outcome.

Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 524: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo will not be approved for unemployment benefit considering the small number of hours he works per week; the further reason he cannot receive benefit for the remainder of the days he is not working. [10375/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The person concerned applied for unemployment benefit on 14 February 2005. A deciding officer disallowed his claim on 7 March 2005, on the grounds that he was not unemployed and not available for full-time work. Evidence provided by the Health Service Executive western region confirmed that he continues to be employed by the executive for five days, Monday to Friday each week. It is open to the person concerned to appeal this decision and a form for this purpose has been issued to him.

Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 525: To ask the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded unemployment benefit; if this person will receive a full qualified adult allowance rate for his spouse and if he will receive a full rate for their child. [10401/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The person concerned applied for unemployment benefit on 14 March 2005. He did not make an application for an increase for a child dependant.

The person concerned has been awarded unemployment benefit at the maximum weekly rate of €247.50 which includes a full increase in respect of his spouse.

Child dependant allowance is payable to unemployment benefit customers in respect of children under the age of 18 if the child resides with the customer. From October 2003, child dependant allowance is payable to unemployment benefit customers for a qualified child until the end of the academic year following the child's 22nd birthday if s/he remains in full-time education, provided the customer has been receiving payment for at least 156 days.

If the person concerned wishes to apply for child dependant increase he should call or write to his social welfare local office.

Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)
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Question 526: To ask the Minister for Social and Family Affairs the plans he has to further improve the entitlements of carers; the contacts he has had in the matter; and if he will make a statement on the matter. [10417/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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I have met several groups representing carers, older people and people with disabilities, since I have become Minister for Social and Family Affairs. I have also given careful consideration to the recommendations of the report on carers prepared by the Joint Oireachtas Committee on Social and Family Affairs. This report is based on verbal and written submissions to the committee from family carers and their representative organisations.

According to the Oireachtas joint committee, the greatest need identified by family carers is the need for a break from caring, for respite. I responded to this in budget 2005 and these proposals have now been implemented in the recent Social Welfare and Pensions Act 2005. I have provided for the extension of the respite care grant to all carers who are providing full-time care to a person who needs such care from June 2005. The amount of the grant will increase from €835 to €1,000, also in June 2005.

Carers who receive a carer's allowance in respect of more than one person receive a double respite care grant regardless of the number of people for whom they provide care. I have made provision from June 2005 to pay a grant in respect of each care recipient for those that provide care for three or more people. This measure recognises the particular challenges which are faced by those carers who are providing care for three or more people.

From this month the income disregard on the carer's allowance means test increased by €20 per week to €270 for a single person and by €40 per week to €540 for a couple. This ensures that a couple with two children can earn up to €30,700 per annum and still receive the maximum rate carer's allowance. The same couple can earn up to €49,200 and receive a minimum rate carer's allowance as well as free travel, the household benefits package and the respite care grant.

Two improvements to the carer's benefit scheme were announced in the last budget. The first is to increase the earnings limit for carer's benefit recipients who work outside the home for up to ten hours per week from €150 per week to €270 per week from this month. This measure allows all carer's benefit recipients who are in a position to work for up to ten hours per week to earn up to €270 per week. This benefits those carers who wish to maintain contact with the labour market. Also, when applying for carer's benefit, a carer must have been employed in full-time employment for the three month period immediately prior to the commencement of the benefit claim. Full-time employment in this context is defined as insurable employment for at least 17 hours per week or 34 hours per fortnight. I have provided that entitlement to carer's benefit is extended to those who are in employment of 16 hours per week or 32 hours per fortnight for eight weeks, consecutive or otherwise, within the six month period prior to the claim. I anticipate that this more flexible arrangement will allow people who have atypical and seasonal work patterns to qualify for carer's benefit.

I reiterate my commitment to developing new benefits and entitlements that will, in a tangible way, further recognise and support the valued and valuable contribution carer's make to our society.

Photo of Michael NoonanMichael Noonan (Limerick East, Fine Gael)
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Question 528: To ask the Minister for Social and Family Affairs the provisions made to ensure that persons employed on a temporary basis who earn leave by service are credited with their full social welfare payments in circumstances in which, as in certain schools, payment for the period of leave is added to their weekly wage while working and no RSI deduction is made from this additional payment; and if he will make a statement on the matter. [10506/05]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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It is understood the Deputy is referring to the arrangements agreed voluntarily between the schools and the part-time teachers concerned, whereby an increased hourly rate is paid to encompass pay in respect of holiday entitlements.

Entitlement to holiday pay for part-time workers is governed by the Organisation of Working Time Act 1997, which is the responsibility of the Minister for Enterprise, Trade and Employment. Under this legislation, pay in respect of holidays is required to be paid in advance. The legislation also enables employers and employees to enter into arrangements "that are more favourable to the employee with regard to the times of, and the pay in respect of, his or her annual leave".

On foot of agreements reached between the Department of Education and Science and the unions, part-time teachers have their hourly rate of pay increased in lieu of holiday entitlements. For a week to be regarded as a week of insurable employment, it is sufficient only that the payment of reckonable earnings should relate to that week. The period of holiday leave to which the employees have a legal entitlement is considered integral to their period of employment and weeks of insurable employment should be recorded by the employer accordingly.

However, where a part-time teacher ceases to work in a school, be it temporarily over the schools holidays or permanently, a situation may arise where the number of weeks of insurable employment recorded does not include the period for which the part-time teacher is entitled to annual leave, as no additional payment has been made to trigger the recording of an additional contribution week. A contribution is nonetheless due in respect of these periods of paid holiday leave.

In this case, the period of entitlement to annual leave is counted as additional weeks of insurable employment as appropriate. Accordingly, should the teacher claim an unemployment payment on leaving a job, a day for which he or she either receives or has an entitlement to holiday pay is not regarded as a day of unemployment.

My Department is in contact with the Department of Education and Science to ensure that the number of contribution weeks in which the workers concerned are in insurable employment are properly recorded and returned.

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