Rose Conway-Walsh (Mayo, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

333. To ask the Minister for Employment Affairs and Social Protection if she will ensure that all PhD students that gave up disability payments prior to the introduction of Catherine’s Law are back paid to the date of the enactment of the reform; and if she will make a statement on the matter. [38211/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

My department is committed to do everything we can to assist people with disabilities to further their education.

In March 2021, I signed new regulations which will allow those in receipt of Disability Allowance (DA) to accept stipends associated with PhD scholarships.

The new disregard applies to Disability Allowance recipients and their spouse/partner who have been granted a stipend towards completing a PhD and is available for a maximum of four years.

The regulations came into effect from 1^stSeptember 2020 to exclude scholarship awards for PhD students from the means test for Disability Allowance.

DA customers that were disallowed DA due to the Stipend payment since 1^stSeptember 2020 may contact DA section for us to carry out a review of that decision. Payment may be reinstated from the date of disallowance (after 1^stSeptember 2020) providing conditions for the scheme are met.

Customers that were disallowed Disability Allowance due to the Stipend payment prior to 1^stSeptember 2020 may complete a new application form and it will be processed in the normal manner.

All requests for backdating payments to 1 September 2020 will be decided once an entitlement to DA has been established. These requests will be decided on an individual basis once all conditions for the scheme are met.

I hope this clarifies the matter for the Deputy.

Rose Conway-Walsh (Mayo, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

334. To ask the Minister for Employment Affairs and Social Protection if she will address the situation in which people in receipt of small payments such as a disablement benefit are being denied fuel allowance as a result such as in the case of persons (details supplied); and if she will make a statement on the matter. [38212/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The criteria for Fuel Allowance are framed in order to direct limited resources in as targeted a manner as possible. This ensures that the Fuel Allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.

Disablement Benefit is a benefit under the Occupational Injuries Scheme. It can be paid to a recipient who suffers a loss of physical or mental faculty because of an accident at work, an accident travelling directly to or from work, or a prescribed disease contracted at work. The contribution requirements for the scheme are minimal when compared to other Departmental benefit schemes.

People in receipt of Disablement Benefit (without another social welfare payment) can work full or part time and continue to receive the Benefit Payment – in other words, they are not prevented from generating additional income.

Disablement Benefit is paid at the same time as most social welfare payments including Jobseeker’s Benefit, Jobseeker’s Allowance, Disability Allowance, Invalidity Pension, State Pension and One-Parent Family Payment. It is not considered as means for most social welfare means-assessed schemes except for Fuel Allowance, Supplementary Welfare Allowance or Working Family Payment.

Incapacity Supplement is an increase payable in addition to Disablement Benefit where a person is considered to be permanently incapable of work as a result of an occupational accident or disease and does not qualify for another Social Welfare benefit such as Illness Benefit. This Incapacity Supplement is a qualifying payment for Fuel Allowance.

Therefore, while Disablement Benefit on its own is a disqualifying payment for Fuel Allowance because a person may continue to or take up work, or may receive another social welfare payment in parallel, qualification for Incapacity Supplement in addition to Disablement Benefit qualifies that recipient for Fuel Allowance (subject to satisfying all other qualifying criteria).

I have asked officials in my Department to prepare a report reviewing the treatment of Disablement Benefit under the Fuel Allowance scheme. This report has now been finalised and the report's contents and recommendations will be considered in the context of the forthcoming budget.

I hope this clarifies the matter for the Deputy.

Bríd Smith (Dublin South Central, People Before Profit Alliance)
Link to this: Individually | In context | Oireachtas source

335. To ask the Minister for Employment Affairs and Social Protection the reason that it would appear that deciding officers and Intreo offices are not familiar with the changes in fuel allowance legislation given that this is resulting in refusal of entitlement for families who are actually eligible following the changes, plunging them further into fuel poverty; the reason that some fuel allowance applicants are having to chase up and question their eligibility; the reason that waiting times to establish eligibility are particularly long when the impact is so devastating for families who are experiencing real poverty especially with the spiralling cost of living; and if she will make a statement on the matter. [38223/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs.

The qualifying criteria for the Fuel Allowance scheme are outlined in detailed guidelines that are available to all staff in my Department. These detailed guidelines are reviewed and updated in line with any announced changes to the scheme. Prior to any changes to the Fuel Allowance qualifying criteria, a circular is also issued to all Department staff outlining the changes and highlighting their implementation date.

Every effort is made to ensure that the staff of my Department are aware of the changes to the Fuel Allowance qualifying criteria. However, if the Deputy is aware of any claims incorrectly disallowed, I would ask that she urges those affected to contact my Department so that the matter can be investigated.

I hope this clarifies the matter for the Deputy.