Written answers

Tuesday, 24 November 2020

Department of Employment Affairs and Social Protection

Data Collection

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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594. To ask the Minister for Employment Affairs and Social Protection the steps a person (details supplied) is required to take to compel a family member living in the USA to provide personal information which has been deemed relevant to their case by her Department but which would impact the family member’s own family and breach data protection rules; if her Department has the power to disregard data protection legislation; and if she will make a statement on the matter. [38873/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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In the case of the person concerned, the information sought was to help establish the current means of the claimant. Information in relation to the relative’s own family was not sought and the family member was advised that they only needed to provide the information as it pertained to the claimant and all other information on the documentation could be deleted or blanked out.

While the onus is on the person concerned to provide the information requested, they cannot be compelled to provide it. However, their entitlement to the payment may be affected if they do not provide the information that is necessary to support their claim.

The powers given to a Social Welfare Inspector allows them to request any information that they reasonably require to complete their investigations regarding an application or the review of a claim in payment. This is set out in Section 250 (2) of the Social Welfare Consolidation Act 2005.

The Social Welfare Appeals Office has advised that an appeal by the person concerned was referred on 14/10/2020 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of my Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The person concerned is currently in receipt of a Basic Supplementary Welfare Allowance payment at the weekly rate of €207 pending the outcome of her appeal. She is also in receipt of a Rent Supplement at the weekly rate of €52.46.

I trust this clarifies the matter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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595. To ask the Minister for Employment Affairs and Social Protection the number of one-parent family payment claims refused in each social welfare region throughout the country in each of the past five years to date; the degree to which data protection rules were disregarded when compiling information that would ultimately result in the decision to refuse each case; the number of such cases refused or granted, respectively, on appeal by region; and if she will make a statement on the matter. [38874/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy is aware, my Department carries out its functions within the bounds of the Social Welfare Consolidation Act 2005 (as amended) and of Data Protection legislation at all times. The Department does not, as the Deputy suggests, disregard data protection rules when assessing entitlement for a scheme.

The number of refused One Parent Family Payment applications for the last five years is set out in the table below. It is not possible to disaggregate this data by region or location.

Year Refusals
2020 (Jan-Oct) 425
2019 874
2018 774
2017 725
2016 699

Information in relation to appeals is provided by the Social Welfare Appeals Office and is set out in the table below. The Social Welfare Appeals Office has informed me that this data is not available on a regional basis.

Year Total Appeals Finalised Upheld, Part Upheld, or Revised Decision Disallowed or Withdrawn
2020 (Jan-Oct) 288 125 163
2019 321 128 193
2018 230 106 124
2017 257 140 117
2016 347 175 172

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