Paul Kehoe (Wexford, Fine Gael)
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831. To ask the Minister for Employment Affairs and Social Protection if she has plans to streamline the system for early years educators who have to undertake a full application for jobseeker's support each time the school is closed for a break; and if she will make a statement on the matter. [13326/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The process in respect of all jobseeker's payments including part-time workers and early years educators in the educational sector is kept under review. In general, there is no delay in processing jobseeker benefit claims if the relevant claim application forms and supporting documentation are completed by the customer in a timely manner.

Seasonal workers including early years educators workers should apply for jobseeker’s benefit as soon as they become unemployed.

Every person who finds themselves unemployed and wishing to apply for a jobseeker's payment completes the full application form at the time of their initial claim and a repeat jobseeker's form for any subsequent claims until that jobseeker 's claim period of entitlement ends. Applications can be made online and the online channel can be a more convenient and timely method for many applicants.

Educational sector workers, who are employed on a temporary basis and who have previously been in contact with the Department, are issued with a repeat jobseeker’s application form and holiday form in advance of the school holiday periods. This advance process facilitates an efficient service to these customers and allows for speedy processing of their claim when the period of unemployment actually arises.

However, it is important to note that educational sector workers including early years educators are still required to sign on for each period of unemployment and satisfy all the qualifying conditions for jobseeker’s benefit including the 3 waiting days at the start of the claim if it does not link to a previous jobseeker's claim.

I want to assure the Deputy that all Scheme areas are monitored on an on-going basis and processing procedures are reviewed to ensure that claims are paid to customers as quickly as possible.

I hope this clarifies the matter for the Deputy.

Martin Browne (Tipperary, Sinn Fein)
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832. To ask the Minister for Employment Affairs and Social Protection the reason her Department has taken seven months to give a person (details supplied) in Tipperary a decision on their disability allowance application. [13341/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

I confirm that my department received an application for DA from the person concerned on 31 August 2022 and the person concerned was subsequently notified in writing of this decision on 28 October 2022.

Based on the evidence supplied in support of this person’s application, her application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied and they were given the right to a review or an appeal.

The person concerned requested an appeal with the independent social welfare appeals office (SWAO) on 21 November 2022. The file of the person in question was forwarded to the SWAO for consideration on19 December 2022.

The person will be notified directly regarding the outcome of the appeal by the independent SWAO.

I trust this clarifies the matter for the deputy.

Jackie Cahill (Tipperary, Fianna Fail)
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833. To ask the Minister for Employment Affairs and Social Protection the social protection supports available to an individual who drops from full-time hours to part-time hours, working two to three days per week, due to the inability to continue enduring the physically taxing nature of the job on a full-time basis; and if she will make a statement on the matter. [13394/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The main social welfare schemes for people who are unable to find full-time employment are the social insurance contribution-based Jobseeker's Benefit and the means-tested Jobseeker's Allowance. These schemes allow a person to work up to three days per week, where they are fully unemployed for at least four in any seven consecutive days. Among the qualifying conditions for both schemes are that a person must be available for and genuinely seeking full-time work.

Jobseeker's Benefit is available to people under 66 years of age who become fully or partly unemployed, irrespective of the nature of their previous employment, and who have paid enough social insurance (PRSI) contributions.

Jobseeker's Allowance is a social assistance payment for unemployed people who have not paid enough social insurance contributions and who are seeking full-time work. A person can take up employment for three days and may still qualify for the support. Earnings from employment are assessed as part of the means assessment.

If a person leaves their job or reduces their days of employment they may be regarded as having deprived themselves of an income. In these circumstances they may be disqualified from payment for up to 9 weeks as they have reduced their days of employment voluntarily. However, as all cases are decided individually, based on the facts provided by the person, the Deciding Officer may find that the reason for the reduction in days of employment is reasonable. The person is still required to satisfy all of the qualifying conditions to receive the payment, including being capable of work, available for full-time work and genuinely seeking work.

If the Deputy has a specific case in mind, the person concerned should be advised to contact their local Intreo Centre to discuss the appropriate support for their particular circumstances.

Additionally, in September 2022, I secured Government approval to explore the design of a scheme to modify the current Benefit Payment for 65-year-olds to provide a benefit payment for people who, following a long working life, 40 years or more, are not in a position to remain working in their early 60s. The introduction of such a payment will be considered by officials in my Department as part of series of reforms being implemented to the State Pension System.

I trust that this clarifies the position for the Deputy.

Michael Creed (Cork North West, Fine Gael)
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834. To ask the Minister for Employment Affairs and Social Protection if her Department has received a request for a review of a domiciliary care allowance application in respect of a person (details supplied) in County Cork; and if her Department will look favourably on this application given the provision of the additional supporting documentation. [13411/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16, who has a severe disability or condition and requires ongoing continual or continuous care and attention in the home, substantially in excess of that 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 established 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 person concerned on 10 January 2023. Their application was disallowed as per decision dated 13 February 2023, as their child was not considered to satisfy the conditions for DCA based on the information, including medical evidence, that was provided by the person concerned in their application.

There is no record of a request for a review of this decision to date and the person concerned has not provided any new or additional supporting documentation to date for consideration. The Social Welfare Appeals Office has also confirmed that there is no record of a request for an appeal of this decision to date.

If requesting a review of the deciding officer's decision, the applicant may provide any further new information or documentary evidence, medical or otherwise, that was not previously available with the initial application for re-consideration by a deciding officer.

I hope this clarifies the position for the Deputy.

Robert Troy (Longford-Westmeath, Fianna Fail)
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835. To ask the Minister for Employment Affairs and Social Protection if she will ensure all social welfare payment officers will refrain from advising and encouraging people to have their payment paid by EFT to a nominated bank account rather than through the post office; and if she will make a statement on the matter. [13413/23]

Holly Cairns (Cork South West, Social Democrats)
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844. To ask the Minister for Employment Affairs and Social Protection if her Department corresponds with recipients of weekly social protection to suggest they can receive these payments directly into a current account rather than accessing the payments through the Post Office; if she will provide the rationale for this approach; and if she will make a statement on the matter. [13721/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I propose to take Questions Nos. 835 and 844 together.

My Department provides two main payment options for its customers: payment in cash at post offices or payment directly into customer accounts by Electronic Fund Transfer (EFT). Last year, 70% of all Social Welfare payments were made by EFT and 29.5% were by cash collection at post offices. A small number of ad hoc payments were also made by cheque, which represented 0.5% of all payments.

Customers are offered a choice of payment method for most Social Welfare schemes and their wishes are facilitated where they choose to receive their social welfare payment at a post office. This is a matter of customer choice and preference and my Department has a duty to inform customer's of their rights. However, for control reasons, choice of payment method is restricted for a small number of Social Welfare schemes.

During the Covid pandemic, the rules governing choice of payment method for Social Welfare schemes were greatly relaxed. Customers who previously were required to collect their payment from a post office were given the option to receive their Social Welfare payment directly into an account in a financial institution, whether that be a bank, a credit union or An Post.

This was done to help customers comply with health guidelines on social distancing. The rules around payment collection by an agent were also relaxed.

As the pandemic receded, pre-Covid rules were reinstated on a phased basis. This has led to a migration of Jobseeker payments back to post offices over the last year. There is also currently a review of agent arrangements for customers in receipt of Carers’ Allowance payments.

The reinstatement of cash collection at a post office as the default payment method for Jobseekers has resulted in an increase of almost 25% in the number of Jobseeker payments transacted by An Post in the last year.

The current review of agent collection arrangements for those people in receipt of a Carer’s Allowance payment has involved my Department writing out to customers to check whether they still require an agent to collect their post office payment. In the vast majority of cases, these customers have told my officials that they no longer need an agent and can continue to collect their payment themselves at a post office. A very small number of customers have indicated that they still require an agent.

Any carer not able to collect their payment at a post office could indicate an inability to provide care. For this reason, the use of an agent is only allowed in exceptional circumstances. All customers in receipt of Carer’s Allowance who had an agent were also given the option to have their payment made directly into an account in a financial institution.

Payment by EFT is permitted for the Carers Allowance Social Welfare scheme and my Department has a responsibility to ensure that customers are made aware of all of the payments options available to them.

It is not proposed to limit the freedom of Social Welfare customers to be paid directly at a post office. Neither is it Departmental policy to advise or encourage customers to favour one financial institution over another.

With the exception of a small number of schemes, due to control reasons, my Department remains committed to providing social welfare recipients with a choice of payment method. My Department will respect customer choice as appropriate and make payments in line with customer preference where choice is available.

Holly Cairns (Cork South West, Social Democrats)
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836. To ask the Minister for Employment Affairs and Social Protection her views on putting in place a grant to assist blind visually impaired people having difficulty accessing taxi services due to increasing costs [13472/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I am very aware of the difficulties and additional costs that the blind and visually impaired face due to their disability. To help with these costs my Department already has a range of supports available, subject to satisfying the relevant qualification criteria.

The Blind Pension is one of these supports. The Blind Pension is a means-tested payment paid to blind and visually impaired people who are habitually resident in Ireland. To qualify for the Blind Pension, an applicant must supply an eye test from an opthalmic surgeon to verify their visual impairment. The payment is made up of a personal rate and extra amounts for a qualified adult and any child dependants. If a person is awarded a Blind Pension, they may also qualify for the Blind Welfare Allowance which is an additional payment paid by the HSE to help those who are blind and visually impaired with costs associated with their disability.

The Free Travel Scheme provides free travel on the main public and private transport services for those eligible under the scheme. These include road, rail and ferry services provided by companies such as Bus Átha Cliath, Bus Éireann and Iarnród Éireann, as well as Luas and services provided by over 80 private transport operators. The free travel pass is available to all registered blind people regardless of whether they qualify for the Department's Blind Person's Pension or any other Social Protection payment. To receive the free travel pass, the person must meet the medical conditions for Blind Pension, or alternatively, be registered as blind with the National Council of the Blind Ireland or the League of the Blind of Ireland.

Additional Needs Payments as part of the Supplementary Welfare Allowance scheme are available for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers and include help towards recurring travel costs that cannot be met from the person's own resources and are deemed to be necessary. The support can either be on a once-off basis as an exceptional needs payment or as a supplement, where there is an ongoing need.

I hope this clarifies the matter for the Deputy.

Holly Cairns (Cork South West, Social Democrats)
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837. To ask the Minister for Employment Affairs and Social Protection if she will amend the criteria for the free travel scheme to allow all persons over 66 years of age get free travel for a companion, regardless of martial/civil partnership status, as the current scheme discriminates against single persons. [13473/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Free Travel Scheme provides free travel on the main public and private transport services for those eligible under the scheme. There are over one million customers with direct eligibility. The estimated expenditure on free travel in 2023 is €95 million.

There are three types of free travel pass available under the Free Travel Scheme. The first is the single type pass which allows only the owner of the Free Travel Pass to travel for free. A spousal type pass is available to free travel recipients who are married in a civil partnership or co-habiting. This pass allows a person’s spouse or partner to join them for free when travelling. Finally, there is a companion pass available for incapacitated people who are unfit to travel alone. This type of pass allows any one person, aged 16 or over, to accompany them free, when travelling.

The type of pass a person receives from my Department is based on their circumstances and is in no way discriminatory. A person with a single type pass who is unable to travel alone can, of course, apply for a companion type travel pass. The companion type travel pass allows single people who are unfit to travel alone to be accompanied by a companion who does not need to be related to them.

I hope this clarifies the matter for the Deputy.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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A living alone increase is an extra payment for people who live alone, are aged 66 years or over, and are receiving certain social welfare payments. These payments include state pension (contributory and non-contributory), widow(er)’s or surviving partner’s contributory pension, widow(er)’s pension under the occupational injuries benefit scheme, incapacity supplement under the occupational injuries benefit scheme and Deserted wife’s benefit.

The increase is also payable to people living alone, under age 66, who are in receipt of disability allowance, invalidity pension, incapacity supplement and blind pension.

An application for the living alone increase received from the person concerned on 13 October 2022 was disallowed as the person concerned is not in receipt of a qualifying payment (as listed above) and is therefore not eligible to receive this payment.

I trust this clarifies the matter for the Deputy.

Brendan Griffin (Kerry, Fine Gael)
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839. To ask the Minister for Employment Affairs and Social Protection if a fuel allowance payment will be backdated for a person (details supplied) in County Kerry who has been in receipt of the means tested State pension (non-contributory); and if she will make a statement on the matter. [13530/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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An application for fuel allowance was received from the person concerned on 1 March 2023. The payment was awarded with effect from 3 March 2023, the first Friday following receipt of the person's application. The person was notified of this decision in writing.

Backdating of the payment may be considered where the person concerned provides an explanation as to why they were unable until now to apply for Fuel Allowance (for example, if they were in hospital).

If the person concerned wishes to provide additional information in this regard, they should write to the Department of Social Protection, College Road, Sligo and their entitlement will be reviewed.

I trust this clarifies the matter for the Deputy.

Brendan Griffin (Kerry, Fine Gael)
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840. To ask the Minister for Employment Affairs and Social Protection if a fuel allowance payment in respect of a person (details supplied) in County Kerry will be backdated to 1 January 2023 when they became re-eligible for fuel allowance; and if she will make a statement on the matter. [13536/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Fuel Allowance is awarded from the first Friday following receipt of the fuel application.

An application for Fuel Allowance was received on 7 February 2023. The Fuel Allowance was awarded from 10 February 2023, in line with current guidelines. The person concerned was notified in writing on 6 March 2023.

In relation to backdating of the Fuel allowance, payments may be backdated where an entitlement existed, and where there was good cause or extenuating circumstances for the late application. It is open to the person concerned to write to my Department requesting backdating of their entitlement outlining the reasons for their late application. Each case is considered on its own merits.

I hope this clarifies the position for the Deputy.

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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841. To ask the Minister for Employment Affairs and Social Protection the reason a person (details supplied) is still waiting on an appeal decision for carer's allowance; and if she will make a statement on the matter. [13541/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The Appeals Officer's decision letter issued to the person concerned on 14 March 2023.

I trust this clarifies the matter for the Deputy.

Kathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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842. To ask the Minister for Employment Affairs and Social Protection the reason it has taken over ten months for a decision to be made on an invalidity appeal claim by a person (details supplied). [13568/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The Social Welfare Appeals Office has advised me that an invalidity pension appeal by the person concerned was received in that office on 24 October 2022. The appeal was the subject of some correspondence between the Department, the Appeals Office and the Deputy's office in order to determine that it could be registered as a valid appeal. The appeal was subsequently registered on 26 January 2023.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. In light of the circumstances of this case, the Appeals Office has requested those papers urgently and, once received, the appeal will be assigned as a priority case to an Appeals Officer. The Appeals Officer will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.

Seán Canney (Galway East, Independent)
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843. To ask the Minister for Employment Affairs and Social Protection her views on whether counting gross income instead of net income in fuel allowance means assessment is fair, given that net income is a fairer representation of the actual weekly income of a person; and if she will make a statement on the matter. [13700/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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 €412 million in 2023. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.

Fuel Allowance operates as part of an overall system of social protection supports which provides assistance payments based on a system of means testing. The means test ensures that the recipient has a verifiable income need and that resources are targeted to those who need them most.

By its nature, the means test takes account of the income a person or couple has in terms of cash, property - other than the family home - and capital. It does not take account of a person’s expenditure commitments or income tax circumstances.

If net rather than gross income was assessed for Fuel Allowance, it would mean that changes in tax rates or tax reliefs could change the claimant’s entitlement. In addition, to deduct outgoings such as mortgage or rent payments would significantly increase the complexity of the means assessment. It would also have significant budgetary implications and would give rise to inconsistencies in how means tests are applied across schemes.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an urgent need, which they cannot meet from their own resources. These payments are available through our Community Welfare Officers.

I hope this clarifies the matter for the Deputy.

Seán Canney (Galway East, Independent)
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845. To ask the Minister for Employment Affairs and Social Protection her views on whether the exclusion of women born before 1 September 1946 from the total contributions approach to contributory pension, which allows for up to 20 years home caring periods, represents discrimination on the grounds of age; and if she will make a statement on the matter. [13729/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The current State Pension (Contributory) system gives significant recognition to those whose work history includes an extended period outside the paid workforce, often to raise families or to provide another full-time caring role.

Applicants for the State Pension (Contributory) have their entitlement assessed under two separate criteria, receiving a payment based on whichever method is most beneficial to the person. The Yearly Average (YA) method has been in place since the introduction of the contributory pension in 1961. The YA method uses all paid and credited contributions divided by time spent in the social insurance system to give an average of Social Insurance contributions per year with payments made on a banded basis.

Under the Yearly Average method, applicants can apply under the Homemaker's Scheme for those years since 1994 spent caring for children under 12 or other dependent relatives to be disregarded in the calculation. Up to 20 years disregard can be applied. This means the pension average does not disadvantage an applicant for the time spent caring.

In January 2018, an interim Total Contributions Approach was introduced which removed the time spent in the Social Insurance system as a factor and simply added paid and credited contributions together. Homecaring periods can be claimed for providing full time care to children under 12 or people aged over 12 who require an increased level of full-time care. Up to 20 years of Homecaring Periods can be claimed. This reform fundamentally changed the entitlement of many who spent time out of the workforce caring for others. For the first time, it acknowledged home caring periods prior to 1994. The Interim Total Contributions Approach arrangement results in a fairer and a more transparent system, as the person’s lifetime contribution is reflected in the State Pension (Contributory) payment received.

People whose pensions were decided under the 2000-2012 rate bands (i.e., those born before 1 September 1946) were subject to a significantly more generous payment regime than those who qualified before or afterwards, as a Yearly Average of only 20 contributions per year (out of a maximum of 52) could attract a 98% pension. If pre-2012 pensioners were also allowed to avail of Homecaring Periods, their arrangements, as a group, would continue to be significantly more generous than those of post-2012 pensioners. There would also be a very significant cost which, in turn, could significantly impact funds for future pension increases with consequential implications for pensioner poverty.

Last September, I announced a series of landmark reforms to the State Pension system. The measures are in response to the Pensions Commission’s recommendations and represent the biggest ever structural reform of the Irish State Pension system. One of the reforms agreed by Government is a phased 10-year full transition to the Total Contributions Approach and the abolition of the Yearly Average approach.

Where a person reaches State Pension age and does not satisfy the conditions to qualify for a SPC or qualifies for less than the maximum rate, he/she may qualify for the means-tested State Pension (Non-Contributory), the maximum rate of which is over 95% of the rate of the State Pension (Contributory). Alternatively, an Increase for a Qualified Adult (IQA) is paid, generally, where a pensioner has an adult dependent who does not have enough contributions to claim a maximum rate State Pension (Contributory) in his or her own right. The payment rate for the IQA is up to 90% of a full contributory pension. The most advantageous payment for a pensioner will depend upon their individual circumstances.

I hope this clarifies the matter for the Deputy.

Seán Canney (Galway East, Independent)
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846. To ask the Minister for Employment Affairs and Social Protection her views on whether the exclusion of people not in receipt of a social protection payment from the sale of residence disregard, particularly in circumstances in which the treatment of this disregard has resulted in a large overpayment arising against the estate of a deceased person is unfair; and if she will make a statement on the matter. [13735/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Department operates a range of means-tested social assistance payments. The means test takes account of the income and assets of the person (and spouse / partner, if applicable) applying for the relevant scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares, and other investments.

If a social welfare recipient sells their home, the proceeds of the sale are normally taken into account as means. However, social welfare legislation provides for a specific disregard for recipients of the State Pension (Non-Contributory), Disability Allowance or Blind Pension when they sell their home in certain situations.

For these schemes, the means test does not take into account up to €190,500 of the gross proceeds of the sale if the person:

- moves to more suitable accommodation;

- moves in with someone who is caring for them and getting a carer's payment;

- moves to sheltered or special housing in the voluntary, co-operative, statutory or private sectors; or

- moves into a registered private nursing home.

If a recipient of one of these schemes dies, the property is no longer considered their residence as it then becomes an asset of their estate.

Recipients of means tested social protection schemes are obliged, at claim stage, to provide full details of any income(s), assets, savings and investments they (or their spouse/civil-partner/cohabitant) hold and, following award of claim, to notify the Department of any material changes in their circumstances that may affect their entitlement.

If the Deputy would like to contact my Department and provide details of any specific cases where he feels there is an issue, my officials can look into these cases and provide a more detailed response.

I trust this clarifies the matter for the Deputy.

James Lawless (Kildare North, Fianna Fail)
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847. To ask the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [13757/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence available, disallowed the invalidity pension appeal of the person concerned by way of a summary decision on 28 February 2023.

Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and that the file will be forwarded to the Appeals Officer to review the appeal decision on foot of this additional evidence. The person concerned will be contacted when the review of his appeal has been finalised.

I trust this clarifies the matter for the Deputy.