Written answers

Wednesday, 27 September 2006

Department of Social and Family Affairs

Social Welfare Benefits

8:00 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 1024: To ask the Minister for Social and Family Affairs if he will bring unresolved complaints relating to State pensions under the auspices of the Pensions Ombudsman; and if he will make a statement on the matter. [29321/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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Decisions on statutory social welfare schemes, including state contributory, state non-contributory and state transition pensions are made by statutorily appointed Deciding Officers of my Department. Where a customer is dissatisfied with a decision made by a Deciding Officer, s/he has a statutory right of appeal to the Social Welfare Appeals Office.

Guidelines are issued by my Department in relation to the legislation concerned to ensure consistency of decision making by Deciding Officers and these are also available to members of the public on the Department's website, www.welfare.ie, or on request from any social welfare local office. In addition, training is provided to Deciding Officers on their statutory obligations and the application of principles of natural justice and fair procedures.

Social Welfare legislation provides that decisions on social welfare claims must be set out in writing and, where the decision is unfavourable, the reasons for the decision must also be recorded and included in the notification to the person concerned. Therefore, when a Deciding Officer has reached a decision, which is unfavourable to the claimant, s/he must give the grounds for the decision, that is, the statutory condition which is not fulfilled; and the reason why the grounds are not met.

Apart from the right of appeal to the Social Welfare Appeals Office, a claimant may seek a review by a Deciding Officer in the first instance if there are any new facts or evidence that have not been taken into consideration when the initial decision was made. This provides a means of having any adverse decisions reviewed as quickly as possible where new evidence becomes available. The Deciding Officer re-examines the case quickly, and, if appropriate, the decision can be revised without having to go through the formal appeals process. To this end, persons are advised of their right to seek a review of the initial decision. Where conflict remains, however, the person has the right to have his or her claim dealt with by way of appeal.

If the claim has not been dealt with to the complainant's satisfaction, it can be brought to the attention of the Office of the Ombudsman.

The Pensions Ombudsman investigates complaints that an individual has suffered a financial loss because of some failure in the administration of an occupational pension scheme or a personal retirement savings account. He also investigates disputes of fact or law concerning pension schemes, between members and others entitled to benefit from the schemes, and trustees or managers or employers. He has no role in relation to social welfare pensions and, in the light of the other provisions which apply, it is not necessary or appropriate for him to have.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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Question 1025: To ask the Minister for Social and Family Affairs the amount awarded in rent supplement in 2005 in each county; and if he will make a statement on the matter. [29323/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the Community Welfare division of the Health Service Executive. The purpose of the scheme is to provide short-term income support, in the form of a weekly or monthly payment, 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.

Details of the expenditure on rent supplement by county are not available. However, the following tables provide details of the expenditure on rent supplement by former Health Board Area for 2005 and the number of recipients of rent supplement by county for 2005.

Table 1
Expenditure on Rent Supplement by Former Health Board Area 2005
Former HSE Areaâ'¬000
Eastern207,199
Midland10,805
Mid-Western20,543
North Eastern13,868
North Western11,379
South Eastern31,515
Southern43,557
Western29,840
Total368,705
Table 2
Number of Recipients of Rent Supplement by County, 2005
CountyRecipients
Carlow918
Cavan450
Clare1,233
Cork6,883
Donegal2,216
Dublin22,473
Galway3,504
Kerry1,833
Kildare2,426
Kilkenny829
Laois344
Leitrim220
Limerick2,409
Longford386
Louth1,473
Mayo1,865
Meath633
Monaghan336
Offaly584
Roscommon617
Sligo496
Tipperary1,765
Waterford1,804
Westmeath916
Wexford1,889
Wicklow1,674
Total60,176

Paudge Connolly (Cavan-Monaghan, Independent)
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Question 1026: To ask the Minister for Social and Family Affairs if he will arrange for the winter free fuel allowance to be made available to recipients who require it in a lump sum rather than weekly, to enable them to pay upfront for oil or gas central heating payments which have increased substantially; and if he will make a statement on the matter. [29338/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The aim of the national fuel scheme is to assist householders on long-term social welfare or health service executive payments with meeting the cost of their additional heating needs during the winter season. Fuel allowances are paid for 29 weeks from end-September to mid-April. The allowance represents a contribution towards a person's normal heating expenses.

A number of improvements have been made to the scheme in recent years including the easing of the means test and extending the duration of payment from 26 weeks to 29 weeks. Most recently, Budget 2006 provided for an increase in the rate of fuel allowance of €5.00 from €9.00 to €14.00, or €17.90 in designated smokeless areas.

A detailed review of the fuel allowance was carried out in 1998. This review looked at alternatives to the weekly payment method including a single lump sum payment. A survey of recipients with the allowance on a customer panel showed that the majority (58%) preferred weekly payment, 22% wanted a once-off lump sum payment, 12% favoured direct debit to a supplier while 8% would rather have two lump sum payments during the fuel season. The review recommended continuing with the weekly payment method.

I will keep all aspects of the fuel allowance scheme, including the issue of a lump sum payment, under review. Any significant changes to the scheme that would require additional expenditure could only be considered within a budgetary context.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 1027: To ask the Minister for Social and Family Affairs the way in which his Department determines the value of the rent subsidy allocated by the community welfare office of the Health Service Executive on his behalf; the consultations that take place in such a determination; and if he will make a statement on the matter. [29367/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive, provides for the payment of a rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source.

Rent supplements are subject to a limit on the amount of rent that an applicant may incur. Setting maximum rent limits higher than are justified by the open market would have a distorting effect on the rental market, leading to a more general rise in rent levels.

In November 2002, when the Central Statistics Office Privately Owned Rent Index first showed signs of continued reductions in rent levels, regulations were introduced which set the maximum amount of rent in respect of which a rent supplement is payable. These limits remained in place to the end of December 2003. Further Regulations introduced in December 2003 prescribed the limits to be used between January 2004 and June 2005. The current rent limits cover the period July 2005 to 31st December 2006.

Under existing arrangements the Health Service Executive may, in certain circumstances, exceed the rent levels as an exceptional measure, for example: where there are special housing needs related to exceptional circumstances for example, disabled persons in specially-adapted accommodation or homeless persons; where the tenant will be in a position to re-assume responsibility for his/her rent within a short period; where the person concerned is entitled to an income disregard and has sufficient income to meet his or her basic needs after paying rent, taking into account the appropriate rate of Rent Supplement that is otherwise payable in the case. This discretionary power ensures that individuals with particular needs can be accommodated within the scheme.

Despite recent increases in rent levels, the Central Statistics Office Privately Owned Rent Index shows that rent levels are currently at a similar level to that which applied in November 2002 when rent levels were first set by the Department. In this context it is fair to say that the introduction of rent limits by regulation has had a positive impact on the rental market in general.

Officials from my Department are currently reviewing the existing rent limits in order to make recommendations regarding what limits should apply from January 2007 onwards. This review will take account of prevailing rent levels in the private rental sector generally, together with detailed input from the Health Service Executive on the market situation within each of its administrative areas.

The review will also include consultation with the Department of Environment, Heritage and Local Government and the Private Residential Tenancies Board. In addition, it is expected that a number of the voluntary agencies working in this area will make detailed submissions to my Department. This process will ensure that the new rent limits reflect realistic market conditions throughout the country, and that they will continue to enable the different categories of eligible tenant households to secure and retain suitable rented accommodation to meet their respective needs.

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