Written answers

Wednesday, 29 April 2009

Department of Social and Family Affairs

Social Welfare Code

9:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 185: To ask the Minister for Social and Family Affairs if her attention has been drawn to the fact that some of the rules governing various social welfare allowances may be discriminatory on grounds of age; if she has taken legal advice in this regard; and if she will make a statement on the matter. [16825/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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All social welfare schemes have different qualifying criteria, depending on the contingency the scheme seeks to address. Often these criteria include an upper and/or lower age limit. It is intended that these age limits ensure that the appropriate group is targeted for support. Legislative provisions in general and any changes to existing schemes are subject to approval by the Attorney-General's Office.

The Deputy may wish to note that the Department of Social & Family Affairs is currently carrying out a technical review of the entire social welfare code to examine its compatibility with the Equal Status Act 2000 (as amended). The review is examining the schemes and services provided for both in social welfare legislation and the administrative schemes operated by the Department. It will identify any instances of direct or indirect discrimination, on any of the nine grounds under the Act, (i.e. gender, marital status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community) that are not justified by a legitimate social policy objective or where the means of achieving that objective are either unnecessary or inappropriate.

The findings of this review will contribute to informed planning and policy making to ensure that the social welfare system reflects the needs and expectations of all citizens and is equitable in meeting those needs. The review is expected to be completed by the end of 2009.

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 186: To ask the Minister for Social and Family Affairs her views in view of the economic situation and the effect on self-employed people, on altering the contribution system to enable those in self-employment to be able to claim jobseekers benefit or an equivalent payment; and if she will make a statement on the matter. [16841/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The range of benefits and pensions to which different groups of workers may establish entitlement reflects the risks associated with the nature of their work. This in turn reflects the rate of contribution payable. Self-employed people are liable for PRSI at the Class S rate of 3% and are consequently eligible for a narrower range of benefits than general employees who, together with their employers, pay a total social insurance contribution of 14.05%, excluding levies, under the full-rate PRSI Class A. (A system of separate arrangements for employed and self-employed workers within a social insurance context is common in other European social protection systems.)

In Ireland self-employed workers are not insured against short-term benefits such as illness and jobseeker's payments — these are only available to persons covered by PRSI Classes A, E, H and P. This reflects the need for coverage for various contingencies, the rate of contributions that self-employed persons pay, the practicalities of administering and controlling access to short-term payments and the annualised system of contributions that these same persons enjoy.

Self-employed workers who do not qualify for an insurance-based benefit may establish entitlement to assistance-based payments such as Jobseekers Allowance.

Self-employed people can apply for the means-tested Jobseeker's Allowance if their business ceases or if they are on low income as a result of a downturn in demand for their services. Their means would be taken as any net profit that they will earn in the coming 12 months. While their income from the previous twelve months is used as an indication in estimating their likely future earnings, it is not simply assumed that the previous year's earnings will be received in the coming year. Instead, account is taken of the potential for significant upward or downward variations in income from one year to the next.

There are no immediate plans to extend cover for short-term benefits to this group of insured workers. Any such measure would have significant financial implications and would have to be considered within a budgetary context. Consideration would also have to be given to an appropriate increase in the rate of the PRSI Class S contribution.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 187: To ask the Minister for Social and Family Affairs further to Parliamentary Question No. 542 of 22 April 2009, the way social welfare recipients who do not have a passport, driving licence or an employer identity card are to satisfy the photo id requirement; has her attention been drawn to the fact that Irish citizens do not have national identity cards and that An Garda Síochána do not issue identity cards as a matter of routine; if she has made a new arrangement with An Garda Síochána to issue ID cards for social welfare recipients; and if she will make a statement on the matter. [16861/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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When a person collects their social welfare payment at a post office, they may be required to provide evidence of their identity. The most common forms of ID produced are Passports, National ID cards, Driving Licenses and employer identity cards. This is not an exhaustive list and customers can prove their identity in other ways such as being personally known to post office staff. Other checks can also be carried out for example, proving an attachment to an address or validation of their social services card.

The Post Office is obliged to satisfy themselves as to the identity of the person to whom they are making a payment. In this regard, whatever evidence of identity was used to satisfy identity requirements at the social welfare office may be used to satisfy identity requirements at the post office.

Photo of Mary UptonMary Upton (Dublin South Central, Labour)
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Question 188: To ask the Minister for Social and Family Affairs if her attention has been drawn to the proposals put forward by an association (details supplied) in the absence of the publication of the National Carers Strategy; her views on these proposals, particularly as they are on a cost neutral basis; and if she will make a statement on the matter. [16912/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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My officials recently met with the Carers Association to discuss proposals which they had put forward. The majority of the proposals relate to services provided by the Department of Health and Children and the Health Services Executive. However, my officials are committed to working with the Association on any proposals which can be progressed by this Department within existing resources.

The Government remains acutely aware of the sacrifices made by carers and has sought to make many improvements in services and supports for carers.

The Carers Allowance scheme has been significantly improved in recent years and in Budget 2009, I continued this process. The rate of carer's allowance for those aged 66 or over increased by €7 to €239 per week and for those aged under 66 by €6.50 to €220.50 per week. These increases took effect from January 2009. Recipients of carer's allowance are also eligible for household benefits, free travel and the respite care grant.

Since 1997 weekly payment rates to carers have greatly increased, qualifying conditions for carer's allowance have significantly eased, coverage of the scheme has been extended and new schemes such as carer's benefit, half-rate carer's allowance and the respite care grant have been introduced and extended.

The means test for carer's allowance has been significantly eased over the years, and is now one of the most generous means tests in the social welfare system, most notably with regard to spouse's earnings. Since April 2008, the income disregard has been €332.50 per week for a single person and €665 per week for a couple. This means that a couple with two children can earn in the region of €37,200 and qualify for the maximum rate of carer's allowance as well as the associated free travel and household benefits. A couple with an income in the region of €60,400 can still qualify for a minimum payment, as well as the associated free travel, household benefits package. These levels surpass the Towards 2016 commitment to ensure that those on average industrial earnings continue to qualify for a full carer's allowance.

From June 2005, the annual respite care grant was extended to all carers who are providing full time care to a person who needs such care, regardless of their income. The rate of the respite care grant has also been increased to €1,700 per year in respect of each care recipient since June 2008.

It is estimated that combined expenditure on carer's allowance, carer's benefit, the respite care grant and half-rate carers allowance will be €650 million in 2009.

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