Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

290. To ask the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 247 of 15 September 2022, the reason that the recent fuel allowance claim for a person (details supplied) was refused; the circumstances under which they may still qualify; and if she will make a statement on the matter. [50849/22]

Joe O'Brien (Dublin Fingal, Green Party)
Link to this: Individually | In context | Oireachtas source

The purpose of the Fuel Allowance payment is to assist households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.

If a participant on a Community Employment (CE) scheme was in receipt of Fuel Allowance prior to going on the scheme, they can continue to receive the Fuel Allowance payment while participating on the scheme once they continue to satisfy the qualifying conditions. As previously advised to the Deputy, changes that took effect in the current fuel allowance season mean that any CE participant who had been on the Live Register for 312 days prior to joining their scheme can now apply for the allowance. As a result, a claim form issued to the person concerned and his subsequent application has now been processed in the Department.

I am pleased to inform the Deputy that Fuel allowance has been granted in this case and will be paid to the participant by the sponsor in the next wages payment on 20/10/2022.

I trust this clarifies the matter for the Deputy.

Seán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

291. To ask the Minister for Employment Affairs and Social Protection her views on a matter (details supplied). [50851/22]

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

State pension non-contributory is a means-tested payment for people aged 66 and over, habitually residing in the State, who do not qualify for a state pension contributory, or who only qualify for a reduced rate contributory pension based on their social insurance record. Ongoing eligibility for this pension is conditional on a claimant continuing to habitually reside in the state and continuing to satisfy the applicable means test.

One of the persons concerned is in receipt of state pension non-contributory, the other is in receipt of invalidity pension. A continuing eligibility review was initiated on 6 September 2022 in respect of the state pension (non-contributory) recipient and the case was assigned to a Social Welfare Inspector to investigate if they were permanently residing at their stated address.

The Inspector returned the case to the Deciding Officer on 12 September 2022, stating they were unable to contact the customer and therefore unable to confirm their residency situation. The Inspector's observation was that the property at the stated address appeared uninhabited. The Inspector also tried to contact the person at the number provided and was informed by the respondent that they were not the person concerned.

Based on the Inspector's report, the Deciding Officer suspended the state pension non-contributory payment and notified invalidity pension section of the Inspector’s findings, which resulted in the suspension of that payment also. This is standard procedure in such circumstances.

Where a person is experiencing financial hardship, the Community Welfare Service can facilitate urgent and in-person meetings, during business hours at over 50 Intreo Centres countrywide, including Cobh. Outside of business hours, Community Welfare Service can also facilitate an appointment within a reasonably short period, in response to a request at a mutually agreed location or the person's home. In addition, any person who needs to access the Community Welfare Service can call the recently established National CWS freephone number at 0818 60 70 80.

The Department understands that one of the persons concerned visited the Cobh Intreo Centre on two separate occasions and was informed and offered a Supplementary Welfare Allowance application form, which they declined.

The person concerned sent an email to state pension non-contributory section on 6 October 2022, attaching documentation indicating that they, and their partner, were residing at the stated address. On foot of this, the Department has reactivated both payments, which are available for collection at the persons' nominated Post Office this week, together with due arrears.

The Social Welfare Inspector has been requested to interview the persons concerned regarding their residency situation and will be in contact with them over in the coming days in this regard.

I hope this clarifies the matter for the Deputy.

Paul Kehoe (Wexford, Fine Gael)
Link to this: Individually | In context | Oireachtas source

292. To ask the Minister for Employment Affairs and Social Protection if there are circumstances whereby a person can claim a second period of carer’s benefit for a child previously claimed for; and if she will make a statement on the matter. [50852/22]

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

My department provides a comprehensive package of carers’ income supports including Carer’s Allowance, Carer’s Benefit, Domiciliary Care Allowance and the Carer’s Support Grant. Combined spending on these payments to carers in 2022 is estimated to exceed €1.5 billion.

A primary qualifying condition for the Carer’s Allowance and Carer’s Benefit payments is that the applicant provides full-time care and attention to a person in need of such a level of care. The person being cared for must be so incapacitated as to require full-time care and attention and be likely to require this full-time care and attention for at least 12 months.

The Carer's Benefit payment is an entitlement based on social insurance contributions. Carer’s Benefit is a payment made to insured people who may be required to leave the workforce or reduce their working hours to care for a person(s) in need of full-time care.

For a first claim the Carer must have:

- 156 PRSI contributions paid since entry into insurance, and

- 39 contributions paid in the relevant tax yearor

- 39 contributions paid in the 12-month period before the start of Carer's Benefitor

- 26 contributions paid in the relevant tax year and 26 contributions paid in the year before that.

The relevant tax year is the second last complete tax year before the year in which the claim for Carer’s Benefit is made. So, for claims made in 2022, the relevant tax year is 2020.

Only contributions at Class A, B, C, D, H and E are counted towards Carer's Benefit. Class S (self-employed contributions) do not count.

It is payable in a single period or in separate periods for up to 2 years (104 weeks) in respect of each care recipient. In circumstances where a person claims Carer’s Benefit for less than six weeks in a row in any period, they must wait for a further six weeks before they can claim Carer’s Benefit to care for the same person again. In circumstances where the Carer's Benefit entitlement exhausts, after the maximum 104 weeks of payment in respect of the same caree, the carer can apply for the means-tested Carer's Allowance payment.

It should be noted that not all those claiming Carer’s Benefit opt to remain in payment for the full 104 weeks. The Department examined this matter in and found that the average duration on Carer’s Benefit was 76.5 weeks between 2018 and 2020.

I trust this clarifies the matter for the Deputy.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

293. To ask the Minister for Employment Affairs and Social Protection if domiciliary care allowance will be approved immediately in the case of a child (details supplied) based on the medical reports and the diary information submitted. [50980/22]

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

Domiciliary Care Allowance (DCA) is a monthly payment in respect of a child aged under 16 with a severe disability who requires continual or continuous care and attention substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care and attention for at least 12 consecutive months. Eligibility for DCA is determined primarily by reference to the level of ongoing care and attention required by the child rather than the child's disability.

An application for DCA was received in respect of the child concerned on 22 April 2022. A deciding officer disallowed the claim on 13 June 2022 as the child was not considered to satisfy the qualifying conditions for DCA.

The applicant requested a review and appeal of the Department's decision.

As part of the review and appeal process, the complete DCA application, including the new additional information that was provided by the applicant in support of their review and appeal request, was re-examined by a deciding officer.

Following a review dated 5 August 2022, a deciding officer having re-examined their complete application, including all medical reports, their 3-day daily diary and all other information and documentary evidence that was provided by the applicant in support of their application and subsequent appeal, while also considering the opinion of a departmental medical assessor, decided that a revision of the original decision of 13 June 2022 was not warranted.

The applicant was notified in writing of the review decision on 05 August 2022.

The applicant's DCA appeal (Ref No 22/12480) was subsequently referred to the independent Social Welfare Appeals Office (SWAO) on 11 August 2022 for further consideration by an Appeals Officer. The applicant will be notified directly by the SWAO of the outcome of their appeal in due course.

I hope this clarifies the position for the Deputy.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

294. To ask the Minister for Employment Affairs and Social Protection if domiciliary care allowance and arrears will be paid to a person (details supplied); if payments will be backdated to the year of the first assessment when the child was three years of age and when they were first informed verbally by a Department official not to apply as they would not qualify; and if the case put forward them will be investigated. [50985/22]

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

Where an application for Domiciliary Care Allowance (DCA) is awarded, payment is effective from the first of the month following receipt of the application. However, DCA applications may be backdated in cases where good cause for the delay in making the claim can be shown to the satisfaction of a deciding officer. This maximum permitted period is governed by social welfare legislation and cannot exceed 6 months.

The onus is on all applicants to apply for DCA when they consider that they and their child may meet the qualifying conditions for the allowance. Applications for DCA are decided by a deciding officer on a case-by-case basis, while also considering the opinion of a Departmental medical assessor.

An application for DCA in respect of their child was received from the person concerned on 2 June 2022. Their application was awarded following a review dated 29 September 2022 and backdated 6 months, effective from 1 January 2022 which is the maximum period allowable as provided for under social welfare legislation. Backdating of payment was allowed, as provided for under legislation, following consideration of the information provided by the person concerned relating to the good cause for not making an earlier application.

It is also open to the person concerned to request an appeal of the Department's decision directly to the independent Social Welfare Appeals Office as advised in the decision notification dated 29 September 2022.

I hope this clarifies the position for the Deputy.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

295. To ask the Minister for Employment Affairs and Social Protection if carer's allowance will be put back into payment for a person (details supplied), in line with the specified timeframe set out in the original decision; and if she will make a statement on the matter. [50986/22]

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

Carer’s benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a person(s) in need of full-time care and attention.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence.

A CARB application was received from the person concerned on 29 Jul 2021 with confirmation from their employer that they were reducing their working hours from 36 hours to 16 hours per week from 6 September 2021 to 6 September 2022 to provide full time care to their mother. The CARB claim was awarded for this period and the person concerned was advised that if they wished to extend the period of CARB payments, they would need to forward confirmation from their employer of the newly agreed leave dates.

To date, my Department has not received a request to extend the CARB claim. Accordingly, the claim was stopped on 7 September 2022. Once the required information is received by my Department, the application will be processed without delay and the person concerned will be notified directly of the outcome.

I hope this clarifies the matter for the Deputy.

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

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for CA was received from the person concerned on 5 April 2022.

The application was awarded to the person concerned on 20 July 2022 with effect from 7 October 2021. The first payment issued to their nominated post office on 21 July 2022.

Arrears due from 7 October 2021 to 13 July 2022 less any other social welfare payment made during this period will issue to the person concerned nominated post office on 20 October 2022.

I hope this clarifies the position for the Deputy.

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

The person referred to has been awarded invalidity pension with effect from 28 April 2022 and will receive her first payment to her nominated bank account on 20 October 2022. Any arrears due from 28 April 2022 to 19 October 2022 will issue in due course. The person in question was notified of this decision on 10 October 2022.

I hope this clarifies the position for the Deputy.

Seán Sherlock (Cork East, Labour)
Link to this: Individually | In context | Oireachtas source

298. To ask the Minister for Employment Affairs and Social Protection when a decision on a working family payment claim by a person (details supplied) will be expedited. [50992/22]

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

Working Family Payment (WFP) is an in-work weekly payment which provides additional income support to employees on low earnings with children.

An application for WFP was received from the person concerned on 25 September 2022. A Deciding Officer reviewed the application, and WFP was awarded on 11 October 2022. The first weekly payment and all arrears owing have issued to their selected financial account.

The person concerned was notified on 11/10/2022 of this decision.

I trust this clarifies the matter for the Deputy.

Denis Naughten (Roscommon-Galway, Independent)
Link to this: Individually | In context | Oireachtas source

299. To ask the Minister for Employment Affairs and Social Protection if she will introduce an income disregard for someone in receipt of a means tested social welfare payment where they rent out a vacant room in their home, similar to the rent-a-room scheme operated by the Revenue Commissioners; and if she will make a statement on the matter. [51012/22]

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

In May 2022, I announced a series of measures designed to remove barriers facing social welfare customers who choose to accommodate people in their homes.

The Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2022, S.I. No. 397 of 2022, were signed on 12th of July 2022.

In practice, this means that a social welfare customer will be able to rent out a room in their home to a person who is not an employee or an immediate family member, for up to just under €270 per week (equivalent of €14,000 over a year), and will not see their social welfare payment impacted, including the Fuel Allowance or Living Alone Allowance.

I trust this clarifies the matter for the Deputy.

Denis Naughten (Roscommon-Galway, Independent)
Link to this: Individually | In context | Oireachtas source

300. To ask the Minister for Employment Affairs and Social Protection if she will introduce an income disregard provision for persons with a disability in receipt of a welfare allowance payment where they are medically certified as being unable to reside alone in order that they can rent out a room to a non-connected person, without it impacting on their payment; and if she will make a statement on the matter. [51013/22]

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

In May 2022, I announced a series of measures designed to remove barriers facing social welfare customers who choose to accommodate people in their homes.

The Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Income Disregard) Regulations 2022, S.I. No. 397 of 2022, were signed on 12th of July 2022.

In practice, this means that a social welfare customer will be able to rent out a room in their home to a person who is not an employee or an immediate family member, for up to just under €270 per week (equivalent of €14,000 over a year), and will not see their social welfare payment impacted, including the Fuel Allowance or Living Alone Allowance.

I trust this clarifies the matter for the Deputy.

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

I can confirm that a letter was received from the person concerned by the disability allowance (DA) section on 04 August 2022

On 11 October 2022 the person concerned was requested to supply supporting documentation required by the deciding officer in order to make a decision on his means.

On receipt of this information a decision will be made on his DA entitlement and the person concerned will be notified of the outcome.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

302. To ask the Minister for Employment Affairs and Social Protection if and when domiciliary care allowance may be awarded in the case of a person (details supplied) on behalf of their son who has been identified as suffering from a disability; and if she will make a statement on the matter. [51050/22]

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

Domiciliary Care Allowance (DCA) is payable to a parent / guardian in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention substantially over and above the level of care and attention normally required by a child of the same age. The child must be likely to require this level of care and attention for at least 12 consecutive months. Eligibility for DCA is determined primarily by reference to the degree of ongoing additional care and attention required by the child rather than the child's disability.

An application for DCA in respect of their child was received from the spouse of the person concerned on 30 June 2021. A deciding officer disallowed their claim as their child was not considered to satisfy the qualifying conditions for DCA. The person concerned was notified in writing of this decision on 6 October 2021 and of their right of review and /or appeal.

To date the person concerned has not requested a review or appeal of the Department's decision.

While the statutory 21 day time-limit for submitting an appeal has expired, it is also open to the person concerned to seek a review of the above decision and this right is not time limited. If requesting a review of the deciding officer's decision, the person concerned may forward any further new information or documentary evidence that was not previously available with the initial DCA application for further consideration by a deciding officer.

Alternatively, the person concerned may re-apply for DCA in respect of their child and enclose any further relevant information or evidence that is available.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

303. To ask the Minister for Employment Affairs and Social Protection the position in regard to the availability of the State pension and the living-alone allowance in the case of a person (details supplied); and if she will make a statement on the matter. [51053/22]

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

The person concerned reached pension age on 12 October 2021.

An application for the State Pension (non-contributory) pension was received on 4 March 2022. The application was disallowed as their means exceeded the statutory limit. The person concerned was notified of this decision in writing on 21 March 2022.

Under current eligibility conditions for state pension (contributory), an individual must have at least 520 full-rate paid contributions in order to qualify for a standard contributory pension. As the person concerned was employed in the public sector, they can also be considered for a mixed insurance pension. To qualify for a mixed insurance pension, 520 employment contributions are required, of which at least 260 must be full-rate employment contributions with the remainder made up of modified contributions.

I have arranged for a copy of the person’s social insurance contribution record to issue to them along with an application form for State pension (contributory). On receipt of completed application form, the person’s entitlement to State pension (contributory) will be examined and they will be notified of the outcome in writing.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

304. To ask the Minister for Employment Affairs and Social Protection if the application for domiciliary care allowance can be reviewed in the case of a person (details supplied); if the case can be urgently reviewed or arrangements put in place for an oral hearing with a view to granting the application; and if she will make a statement on the matter. [51057/22]

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

Domiciliary Care Allowance (DCA) is payable to a parent / guardian in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child to deal with the activities of daily living. While a diagnosis of a specific disability may assist the Department's deciding officers and medical assessors to make an appropriate decision on entitlement, eligibility for DCA is not based on the type of disability but on the resulting medical and additional care needs. A diagnosis of autism alone or any other disability or condition does not necessarily indicate the level of care required by the child.

An application for DCA in respect of their child was received from the person concerned on 24 August 2022. A deciding officer disallowed the claim on 29 September 2022, as their child was not considered to satisfy the conditions for DCA. The person concerned was notified in writing of this decision, the reason for it and of their right of review and / or appeal.

To date, the person concerned has not submitted any new or additional information or evidence for further consideration and there is no record of a request for an appeal of this decision. The person concerned may request a review of this decision and should forward any new or additional information or documentary evidence that was not previously available to the Department for consideration. A full review of the decision will be completed by a deciding officer on receipt of this information.

It is also open to the person concerned to appeal this decision directly to the independent Social Welfare Appeals Office (SWAO) as advised in the Department's notification dated 29 September 2022. The Appeals Officer may make a decision based on the written appeal submission and evidence only, or the applicant may be invited to attend an oral hearing. Alternatively, the person concerned may request an oral hearing in the appeal process.

I hope this clarifies the position for the Deputy.