Written answers

Tuesday, 29 June 2010

Department of Social and Family Affairs

Social Welfare Code

10:00 am

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 467: To ask the Minister for Social Protection the steps he has taken to date or proposes to take to ensure every effort is made to meet the requirements of persons who have become unemployed and who find themselves with mortgage and other domestic commitments well in excess of their means; and if he will make a statement on the matter. [28481/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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People who are unemployed and unable to meet their mortgage commitments may be entitled under the supplementary welfare allowance scheme to receive a supplement in respect of their mortgage interest. The scheme is administered by the community welfare service of the Health Service Executive (HSE) on behalf of the Department.

The purpose of mortgage interest supplement is to provide short term support to enable people to meet their mortgage interest repayments in respect of a house which is their sole place of residence. The supplement assists with the interest portion of the mortgage repayments only.

Each application for mortgage interest supplement is determined by a community welfare officer taking account of the relevant legislative provisions and on the basis of the merits of each individual case. In addition, the HSE may make a single exceptional needs payment (ENP) to help meet essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income. Eligible people would normally be in receipt of a social welfare or HSE payment. There is no automatic entitlement to such payments. ENPs are payable at the discretion of the HSE.

People who are experiencing difficulties in meeting their mortgage repayments or other household bills should immediately contact their lender or the relevant utility company to discuss arrangements to address their issues. They should also contact the Money Advice and Budgeting Service (MABS) which provides assistance for people with financial difficulties. The service operates from 65 locations throughout the country and can be contacted either through a national telephone helpline or a website.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 468: To ask the Minister for Social Protection if he will ease means testing criteria for applicants for social welfare payments who were previously self-employed but who now find themselves with no income and are being assessed on their previous employment; and if he will make a statement on the matter. [28482/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The means of a self-employed person are taken as any net profit that they will earn in the coming 12 months. While the person's income from the previous 12 months is used as an indication in estimating their likely future earnings, it is not simply assumed 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.

For example, if a self-employed person lost a contract and was unlikely to find a substitute contract in the coming year, this would be factored into the assessment of future income. It is recognised that the present downturn in the economy is having a significant impact on many self-employed persons, particularly those in the construction industry, and the consequent reduction in their income and activity levels is reflected in any assessment of their means.

If a self-employed person's situation changes after they have made an initial claim for jobseeker's allowance, they can apply to have their means reviewed in the light of their changed circumstances. In addition, it is open to the individual if he or she is dissatisfied with the means assessed to appeal to the Social Welfare Appeals Office. Any changes to these current arrangements could only be considered in a Budgetary context and in the light of available resources.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 469: To ask the Minister for Social Protection the steps he will take to review the current application by his Department of the habitual residency clause with particular reference to the need to eliminate hardship caused by unnecessary and repetitive delays for people who already have an entitlement under domestic and EU legislation; and if he will make a statement on the matter. [28483/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The habitual residence condition applies to all claimants for certain payments under the Social Welfare Acts. A person who makes a claim for jobseeker's allowance, child benefit, one parent family payment, disability allowance, State pension non-contributory, carer's allowance, widow's non-contributory pension, guardian's non-contributory payment, blind pension, domiciliary care allowance or supplementary welfare allowance must be habitually resident in the State. A claim for one of these payments cannot be awarded until the person has shown that he or she satisfies this condition.

Contributory benefits are not subject to habitual residence. Also, certain entitlements under EU legislation (for example, child benefit for a person who is currently employed under Irish social insurance legislation, or supplementary welfare allowance for a migrant worker who has been employed since arrival here) may be determined without reference to the person's habitual residence.

My Department is making every effort to streamline the investigation, decision, and (where relevant) appeal decision processes but, given the volume of new claims currently being received, some delay is unavoidable.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 470: To ask the Minister for Social Protection if he proposes to ease or improve procedures for qualification of free schemes having particular regard to the requirements and hardship arising from the economic downturn; and if he will make a statement on the matter. [28484/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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People resident in Ireland may qualify for the household benefits package (HHB) if they are aged 70 or over, are getting carer's allowance, or are caring for a person who is receiving prescribed relative's allowance or constant attendance allowance.

If they are between 66 and 70 they may qualify for HHB if they are receiving State pension (contributory), State pension (non contributory), widow's/widower's (contributory) pension, or an equivalent social security pension/benefit from a country covered by EU Regulations or from a country with which Ireland has a bilateral social security agreement. They must live alone or only with certain "excepted persons".

If under 66 they may qualify for HHB if they are receiving invalidity pension, blind pension, incapacity supplement or workmen's compensation with disablement pension (for at least 12 months), disability allowance or an equivalent social security pension/benefit from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement and live alone or only with certain "excepted persons".

The free travel scheme is available to people aged 66 years or over. All carers in receipt of carer's allowance and carers of people in receipt of constant attendance or prescribed relative's allowance, regardless of their age, receive a free travel pass. It is also available to people under age 66 who are in receipt of certain disability type welfare payments, such as disability allowance, invalidity pension and blind person's pension. People resident in the State who are in receipt of a social security payment from a country covered by EU Regulations, or from a country with which Ireland has a bilateral social security agreement, and who have been in receipt of this payment for at least 12 months, are also eligible for free travel. I have no current plans to amend the qualification criteria for HHB or free travel.

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