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Gnáthamharc

Tuesday, 30 Apr 2024

Written Answers Nos. 458-477

Widow's Pension

Ceisteanna (458)

Thomas Pringle

Ceist:

458. Deputy Thomas Pringle asked the Minister for Social Protection if she will provide an update on the actions her Department has taken in relation to the entitlement of an unmarried co-habitant to a widows, widowers or surviving civil partner’s contributory pension following on from the recent Supreme Court judgment of 22 January 2024 including the legislative changes required; the timeline to respond to this decision; and if she will make a statement on the matter. [19179/24]

Amharc ar fhreagra

Freagraí scríofa

Under the law as currently enacted, entitlement to a Widows, Widowers or Surviving Civil Partner’s Contributory pension is only available to a surviving partner who was party to a marriage or civil partnership.

On Monday 22nd January the Supreme Court delivered its judgment in relation to the entitlement of an unmarried co-habitant to a Widows, Widowers or Surviving Civil Partner’s Contributory pension. The Supreme Court judgment overruled a previous High Court decision and found in favour of the claimant and his children.

In simple terms, the Court found that section 124 of the Social Welfare Consolidation Act 2005 (as amended) is inconsistent with the Constitution insofar as it excluded the claimant from the category of persons entitled to benefit from it. The Court reached that conclusion on the basis of the equality guarantee contained in Article 40.1 of the Constitution. The Supreme Court judgment notes that in order to resolve the issue raised by the judgment, a legislative amendment is required.

My officials and the Office of the Attorney General are now considering the very detailed judgment, including the legislative changes required to respond to this decision. This will be done with all expediency.

I hope this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (459)

Holly Cairns

Ceist:

459. Deputy Holly Cairns asked the Minister for Social Protection the current status of the jobseeker’s benefit application by a person (details supplied); and if she will make a statement on the matter. [19226/24]

Amharc ar fhreagra

Freagraí scríofa

The Jobseeker's Benefit claim for the person concerned has been awarded with effect from 01/02/2024 at a rate of €232.00 pw.

The first payment , including arrears may be collected from the nominated post office on 29/04/2024.

Notification has issued to the person concerned on the 24/04/2024.

Social Welfare Payments

Ceisteanna (460)

Donnchadh Ó Laoghaire

Ceist:

460. Deputy Donnchadh Ó Laoghaire asked the Minister for Social Protection for an update on the proposed jobseeker’s benefit pay related scheme; when in particular it is expected to be introduced; and if she will make a statement on the matter. [19247/24]

Amharc ar fhreagra

Freagraí scríofa

I secured Government approval last November for the design proposals for a new Jobseeker's Pay Related Benefit scheme and approval for the draft Heads of Bill on 9th January this year. The Heads of Bill containing the General Scheme for the new scheme are published on my Department's website.

The Committee on Social Protection, Community and Rural Development and the islands completed the pre-legislative scrutiny of the draft Bill in March and published its report on the Oireachtas website.

I plan to bring a Memorandum and the Bill to Government in the coming weeks. My Department is working on the necessary arrangements to facilitate the introduction of the scheme later this year.

I trust this clarifies the situation for the Deputy.

Social Welfare Payments

Ceisteanna (461)

Seán Sherlock

Ceist:

461. Deputy Sean Sherlock asked the Minister for Social Protection the number of payments made, per county, for each month of 2024, for additional needs payments and exceptional needs payments, by category, in tabular form. [19271/24]

Amharc ar fhreagra

Freagraí scríofa

Under the Supplementary Welfare Allowance scheme, my Department may make Additional Needs Payments to help meet essential expenses that a person cannot pay from their weekly income or other personal and household resources. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements.

Additional Needs Payments are demand led and made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

Table 1 shows the number of Additional Needs Payments, monthly, by county from Jan 2024 to the end of March 2024.

Table 2 shows the number of Additional Needs Payments by category from Jan 2024 to the end of March 2024.

Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.I trust this clarifies the matter for the Deputy.

Tabular Statement

Table 1 – Additional Needs Payments awarded by county from Jan 2024 to the end of March 2024

County

Jan-24

Feb-24

Mar-24

Carlow

92

93

84

Cavan

76

64

46

Clare

233

128

119

Cork

562

447

466

Donegal

293

232

259

Dublin

2,795

2,866

2,904

Galway

358

318

282

Kerry

342

257

191

Kildare

234

302

281

Kilkenny

148

93

69

Laois

180

134

138

Leitrim

96

60

42

Limerick

294

185

158

Longford

111

65

95

Louth

196

176

182

Mayo

211

163

157

Meath

295

236

177

Monaghan

67

50

69

Offaly

152

124

101

Roscommon

95

77

80

Sligo

128

85

114

Tipperary

242

187

180

Waterford

201

114

139

Westmeath

209

140

138

Wexford

200

156

146

Wicklow

213

172

144

Total

8,023

6,924

6,761

Table 2- Additional Needs payments awarded by category from January 2024 to the end of March 2024

Category

Number of payments

Bills

473

Child Related

456

Clothing

8,397

Funeral

756

General

5,841

Housing

5,284

Illness

220

Other Supplements

113

Urgent Needs Payment

168

Total

21,708

Departmental Expenditure

Ceisteanna (462)

Seán Sherlock

Ceist:

462. Deputy Sean Sherlock asked the Minister for Social Protection the amount paid out to all consultancy firms for any services rendered; and the cost per contract in 2023 as a whole and to date in 2024, in tabular form. [19273/24]

Amharc ar fhreagra

Freagraí scríofa

Consultancy is defined by the Department of Finance as where a person or organisation provides intellectual or knowledge based services (e.g. expert analysis and advice) through delivering reports, studies, assessments, recommendations, proposals, etc. that contribute to decision making or policy development.

Details as requested by the Deputy are set out as follows.

2023 Consultant

Spend

Social Finance Limited

€18,750

Economic and Social Research Institute

€109,588

Indecon International Economic Consultants.

€54,639

International Labour Organisation

€30,750

Bearing Point

€112,949

Price Waterhouse Coopers

€14,849

KPMG

€33,825

Ernst & Young

€21,371

KOSI Corporation Limited

€51,722

Bearing Point

€16,564

Hyperion Systems Ltd .

€36,839

RSM Ireland Business Advisory Ltd

€20,307

Total

€522,153

2024 Consultant

Spend

Social Finance Limited

€7,688

Paragon Research Ltd.

€52,447

Align Advisory Limited

€48,800

ESRI

€21,918

KOSI Corporation Limited

€13,530

Pricewaterhouse Coopers .

€31,673

Hyperion Systems Ltd .

€8,930

Total

€184,984

A breakdown of the annual expenditure on consultancy is published on the Gov.ie website at gov.ie - Department of Social Protection Policy on Procurement (www.gov.ie)

Social Welfare Payments

Ceisteanna (463)

Seán Sherlock

Ceist:

463. Deputy Sean Sherlock asked the Minister for Social Protection the breakdown of exceptional needs payments under the supplementary welfare allowance paid in each month; the total and individual value of each payment; and the total expenditure, by category and month, from January 2021 to April 2024 inclusive, in tabular form. [19274/24]

Amharc ar fhreagra

Freagraí scríofa

Under the supplementary welfare allowance scheme, my Department may make Additional Needs Payments to help meet essential expenses that a person cannot pay from their weekly income or other personal and household resources. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements.

Additional Needs Payments are demand led and made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

It is not feasible to show the individual payment amount for each Additional Needs Payment.

As agreed with my officials and the Deputy's office, Tables 1 and 2 show the breakdown by category of the number and total expenditure paid from January 2023 to the end of March 2024 for Additional Needs Payments. Statistics are published on a quarterly basis. These figures are provisional and subject to revision.

Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.I trust this clarifies the matter for the Deputy.

Tabular Statement

Table 1 - The number, by category, of Additional Needs Payments paid from January 2023 to the end of March 2024

Month

Bills

Child Related

Clothing

Funeral

General

Housing

Illness

Other Supplements

Urgent Needs Payment

Total

Jan-23

232

158

4,504

257

1,993

1,741

94

48

34

9,061

Feb-23

294

167

2,824

282

1,730

1,647

75

46

56

7,121

Mar-23

357

183

2,627

326

1,941

1,943

89

52

51

7,569

Apr-23

277

156

3,199

208

1,484

1,558

72

29

41

7,024

May-23

433

215

3,036

290

1,841

1,997

113

36

47

8,008

Jun-23

378

168

2,474

221

1,398

1,606

86

29

36

6,396

Jul-23

360

164

4,220

180

1,362

1,596

83

26

22

8,013

Aug-23

341

213

3,340

224

1,485

1,767

96

29

32

7,527

Sep-23

350

226

2,950

213

1,648

1,844

104

44

37

7,416

Oct-23

281

215

3,620

244

1,866

2,082

115

96

33

8,552

Nov-23

292

201

3,694

249

1,952

2,140

81

106

49

8,764

Dec-23

186

117

2,725

187

1,771

1,742

58

56

44

6,886

Jan-24

171

172

3,508

263

1,826

1,876

80

55

72

8,023

Feb-24

154

147

2,475

260

1,941

1,800

76

31

40

6,924

Mar-24

148

137

2,414

233

2,074

1,608

64

27

56

6,761

Total

4,254

2,639

47,610

3,637

26,312

26,947

1,286

710

650

114,045

Table 2 - The total expenditure, by category, of Additional Needs Payments paid from January 2023 to the end of March 2024

Month

Bills

Child Related

Clothing

Funeral

General

Housing

Illness

Other Supplements

Jan-23

€153,045

€30,420

€608,810

€787,761

€713,692

€3,413,318

€13,680

€38,148

Feb-23

€177,972

€32,155

€373,421

€842,274

€563,436

€3,064,440

€10,980

€46,406

Mar-23

€212,391

€33,918

€366,288

€986,227

€653,039

€4,089,502

€15,597

€51,948

Apr-23

€178,847

€31,850

€411,983

€645,226

€477,010

€3,424,110

€10,670

€41,112

May-23

€299,192

€42,784

€357,894

€907,268

€573,160

€4,056,660

€16,747

€33,543

Jun-23

€241,982

€31,764

€297,911

€690,516

€423,975

€3,591,172

€12,321

€27,868

Jul-23

€217,402

€32,227

€525,414

€571,426

€415,951

€3,516,635

€11,445

€14,506

Aug-23

€205,882

€46,750

€421,449

€669,731

€514,482

€3,867,841

€14,827

€16,864

Sep-23

€221,430

€46,541

€358,712

€686,098

€578,080

€3,897,189

€15,753

€32,062

Oct-23

€180,027

€45,895

€448,976

€776,472

€713,515

€4,374,563

€15,295

€53,938

Nov-23

€207,293

€48,770

€470,096

€824,740

€793,213

€5,171,525

€15,070

€50,693

Dec-23

€137,069

€27,015

€346,329

€630,125

€688,193

€4,537,271

€9,775

€19,450

Jan-24

€122,541

€37,970

€440,582

€928,840

€594,162

€5,394,422

€16,687

€30,550

Feb-24

€120,492

€32,325

€307,598

€831,454

€538,652

€4,821,803

€12,635

€15,370

Mar-24

€119,985

€30,515

€309,902

€806,235

€592,778

€4,077,059

€11,838

€6,451

Total

€2,795,549

€550,898

€6,045,365

€11,584,393

€8,833,339

€61,297,511

€203,320

€478,907

Note: These figures are taken from the Department's ANP database and represent a snapshot of payments as they are approved by an officer rather than when they are paid. The figures do not capture payments that are cancelled, payments that go out of date or overpayments recouped and therefore will not reconcile with the end of year outturn figures. These expenditure figures exclude ongoing supplements awarded prior to 2023.

Social Welfare Benefits

Ceisteanna (464)

Seán Sherlock

Ceist:

464. Deputy Sean Sherlock asked the Minister for Social Protection the number of heating supplement payments that were paid under the supplementary welfare allowance for each month from January 2021 to April 2022 inclusive, in tabular form; the number of persons who were in receipt of the fuel allowance; the number who were not in receipt of fuel allowance; the value of each monthly heating payment under the category; and if the payment was made directly to the person or to the energy company. [19275/24]

Amharc ar fhreagra

Freagraí scríofa

Following clarification from the Deputy's office, more recent data for the years 2023 and 2024 is required.

This information is not readily available. My Department is in the process of collating the data in question and will revert with a reply directly to the Deputy as soon as possible.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (465)

Mick Barry

Ceist:

465. Deputy Mick Barry asked the Minister for Social Protection if those who are on disability allowance and therefore in receipt of a qualifying payment for the free travel scheme who have a child and are therefore temporarily moved to maternity allowance if they should then lose access to the free travel scheme; and if she will make a statement on the matter. [19304/24]

Amharc ar fhreagra

Freagraí scríofa

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 2024 is €104 million.

It is important to note that, in general, access to a free travel pass for those aged under 66 is linked to a person being in receipt of certain primary Social Protection payments such as Disability Allowance, Invalidity Pension, Carers Allowance, Blind Pension and Partial Capacity Benefit. Therefore, the free travel pass is a secondary benefit directly linked to the person being in receipt of Disability Allowance.

If a person moves from a payment such as Disability Allowance to another payment that does not include a free travel pass as a secondary benefit, then the persons entitlement to a free travel pass ends.

As part of Budget 2024, I was particularly pleased to extend access to Free Travel to people who are medically certified as unfit to drive, including those with epilepsy.

From 29th of July 2024, the measure will extend access to the Free Travel scheme to:

• People who have never been medically fit to drive due to a disability; and

• Drivers who have a license and have been deemed medically unfit to drive for a period of one year or longer.

There will be no requirement to satisfy a means test or that the person be in receipt of a Social Protection payment to qualify for the medical free travel pass.Any decision to further expand the Free Travel scheme to allow a person to retain their free travel pass in the circumstances outlined by the Deputy would result in additional funding requirements for the scheme and would have to be considered in the context of overall budgetary negotiations.

Finally, the Department of Social Protection provides Additional Needs Payments as part of the Supplementary Welfare Allowance scheme for people who have an essential 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.

A travel supplement may also be paid where a person has a recurring travel expense (for example, where a person has ongoing travel costs for hospital visits).

Every decision is based on consideration of the circumstances of the case, taking account of the nature and extent of the need and of the resources of the person concerned. I hope this clarifies the position for the Deputy.

Social Welfare Payments

Ceisteanna (466)

Jackie Cahill

Ceist:

466. Deputy Jackie Cahill asked the Minister for Social Protection if an individual applies for the additional needs payment, if this can be used for hospital transportation where the individual has no other means of transport available; and if she will make a statement on the matter. [19317/24]

Amharc ar fhreagra

Freagraí scríofa

The supplementary welfare allowance scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents.

Under the supplementary welfare allowance scheme, my Department may make Additional Needs Payments to help meet essential expenses that a person cannot pay from their weekly income or other personal and household resources. This can include assistance with transport costs incurred for attending hospital appointments where there are no other supports available.

The decision process involves consideration of the need presented and the ability of the person and their household to meet that need.

This entails an assessment, as opposed to a specific means test, of an applicant’s weekly household income, their savings and investments, their outgoings and the type of assistance needed. Other State supports that may already be available to the person are also considered.

Any person who considers that they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office. In addition, applications can be made online via www.mywelfare.ie.

I trust this clarifies the matter for the Deputy.

Social Welfare Benefits

Ceisteanna (467)

Duncan Smith

Ceist:

467. Deputy Duncan Smith asked the Minister for Social Protection the reason an application for fuel allowance was refused for a person in receipt of disability allowance (details supplied); and if she will make a statement on the matter. [19332/24]

Amharc ar fhreagra

Freagraí scríofa

Fuel Allowance is payable to people who satisfy the conditions of the scheme and who either live alone or only with certain qualified people.

I can confirm that my Department received an application for fuel allowance from the person concerned on 02 February 2024. An information request letter was sent to the person concerned on 19 February 2024 to complete a Household Composition form, to determine their eligibility.

I can confirm the requested information of 19 February 2024 was received by the Department on 29 February 2024. Based on the information provided, the person concerned was determined to not qualify for the allowance as they are not living alone. Their household includes another individual who is not in a qualifying fuel allowance category.

A letter notifying the person concerned of this decision issued on 21 March 2024. To date, the person concerned has not submitted a new application for fuel allowance or requested a review of the decision of 21 March 2024.

I trust this clarifies the matter for the Deputy.

School Meals Programme

Ceisteanna (468)

Aindrias Moynihan

Ceist:

468. Deputy Aindrias Moynihan asked the Minister for Social Protection the number of school children now in receipt of hot meals, by county, in tabular form. [19340/24]

Amharc ar fhreagra

Freagraí scríofa

The objective of the School Meals Programme is to provide regular, nutritious food to children to support them in taking full advantage of the education provided to them. The Programme is an important component of policies to encourage school attendance and extra educational achievement.

Following the expansion of the Programme in recent years, some 2,600 schools and organisations, covering 443,000 children are now eligible for funding.

I am committed to continuing to expand the School Meals Programme and building further on the significant extension of the Programme that has taken place in recent years. As part of this significant expansion plan, all remaining primary schools were contacted last year and requested to submit an expression of interest form if their school was interested in commencing the provision of hot school meals.

Expressions of interests were received from over 900 primary schools in respect of 150,000 children and late last year these schools were invited to participate in the Hot School Meals Programme from 8th April 2024. The remaining Primary Schools who have not yet joined the scheme will be able to express an interest to receive Hot School Meals from September 2024. My Department is currently contacting them by email to notify them of the Expression of Interest process.

The number of school children now in receipt of hot meals, by county basis are listed in the following tabular statement as requested. This figure is increasing daily to reflect newly processed applications.

I trust this clarifies the matter for the Deputy.

Primary Schools in receipt of hot meals to date as of 25th April 2024

County:

Pupils

Schools

Carlow

5,040

26

Cavan

7,688

51

Clare

6,882

55

Cork

24,206

123

Donegal

12,197

122

Dublin

46,275

182

Galway

11,480

93

Kerry

8,928

67

Kildare

9,337

37

Kilkenny

6,414

39

Laois

6,257

38

Leitrim

1,781

24

Limerick

11,906

78

Longford

4,531

27

Louth

7,491

34

Mayo

7,226

93

Meath

8,416

43

Monaghan

4,149

36

Offaly

6,466

41

Roscommon

4,177

47

Sligo

2,200

22

Tipperary

13,009

101

Waterford

5,731

27

Westmeath

6,487

43

Wexford

14,407

71

Wicklow

7,099

35

Total:

249,780

1,555

Departmental Funding

Ceisteanna (469)

Catherine Murphy

Ceist:

469. Deputy Catherine Murphy asked the Minister for Social Protection if she will provide the amount of grant-aid returned and or surrendered to her Department, by local authority in 2022, 2023 and to date in 2024, to include the heading of which it was intended for. [19368/24]

Amharc ar fhreagra

Freagraí scríofa

My Department has not provided any grant-aid to Local Authorities in the years in question.

I trust this clarifies the matter for the Deputy.

Personal Public Service Numbers

Ceisteanna (470)

Ivana Bacik

Ceist:

470. Deputy Ivana Bacik asked the Minister for Social Protection her views on delays experienced by returning emigrants in obtaining a PPSN; and if she will make a statement on the matter. [19383/24]

Amharc ar fhreagra

Freagraí scríofa

My Department is responsible for the allocation of Personal Public Service Numbers (PPSNs) to people, including those who are returning emigrants, who require one to access public services or take up employment or education. The national average processing time to deal with PPSN applications is currently two weeks.

While the PPSN application process is relatively straightforward, delays can occur where incomplete applications are submitted or there are problems with the quality of documents provided. When this occurs, the applicant is contacted by my Department to help progress their application.

If the Deputy has a particular case or instance in mind she can bring it to the attention of the Department for further clarification.

Social Welfare Eligibility

Ceisteanna (471)

Marc MacSharry

Ceist:

471. Deputy Marc MacSharry asked the Minister for Social Protection when a person (details supplied) will receive a response to their enquiry regarding the methodology for the calculation of means in the case of their application for a disability allowance; and if she will make a statement on the matter. [19386/24]

Amharc ar fhreagra

Freagraí scríofa

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 23 June 2023.  As the person concerned was in receipt of a more beneficial weekly rate of payment on Illness Benefit (IB), an option letter issued to the person concerned on 15 August 2023 to ascertain which scheme payment they wished to receive.

Correspondence was received from the person concerned on 30 August 2023 confirming they wished to remain on IB. The DA application of the person concerned was withdrawn and a letter confirming same issued to the person concerned on 11 September 2023.

Further correspondence was received from the person on 9 October 2023, requesting a review of their application. In order for the Deciding Officer to establish the current means of the person concerned, further information was required.  

I can confirm that following a review, a means assessment determined that their means exceeded the statutory maximum allowed under the DA scheme.  A letter notifying the person concerned issued on 10 January 2024.

Following a review, the original decision that the person concerned failed to satisfy the means criteria for DA was upheld. A letter notifying the person concerned issued on 12 February 2024

Following your requests for further review in March, and subsequent correspondences, a comprehensive review of his means was initiated. To finalise the review, this claim is currently undergoing re-evaluation by a Social Welfare Inspector.  When the SWI has submitted their report, a Deciding Officer will notify him directly with the outcome once the review is complete.

I trust this clarifies the matter for the Deputy.

Social Welfare Schemes

Ceisteanna (472)

Peadar Tóibín

Ceist:

472. Deputy Peadar Tóibín asked the Minister for Social Protection the current number of applications for the long-term carer contributions scheme; the number of successful and unsuccessful applications since the commencement of the scheme; and the current waiting time for applications to be assessed, in tabular form. [19428/24]

Amharc ar fhreagra

Freagraí scríofa

Long-Term Carers Contributions make it easier for a carer to qualify for the State Pension Contributory. Any period in which a carer is registered as providing full time care to an incapacitated person can be included in their social insurance (PRSI) record. Once a carer has reached a minimum of 1040 weeks (20 years) of Long-Term Carers Contributions, these contributions will be included in the calculation for their State Pension Contributory. 

The quickest way to apply for any Pension Carers Supports is online at www.MyWelfare.ie.  The customer must have a verified MyGov account to use MyWelfare.ie. If a customer is unable to complete the online application process, they can contact the Department directly via telephone or email and an application form will be issued to them.

Once an application is received by the Department, if supporting information is available, a customer can expect to receive a decision in 4-6 weeks. If an application is received from a customer who was not in receipt of a caring payment from the Department in relation to the care they were providing, the Department will use the information provided by the customer in order to establish if they meet the conditions of the scheme and a decision will issue once this has been determined.  

The number of successful and unsuccessful applications from 01/09/23 to 24/04/24 is set out in the following table. 

Long Term Carers applications from 01/09/23 to 24/04/24

Number of successful applications received

3034

Number of Pending applications

411

Number of unsuccessful applications

8

Current waiting time for applications to be assessed

4-6 weeks

Widow's Pension

Ceisteanna (473)

Noel Grealish

Ceist:

473. Deputy Noel Grealish asked the Minister for Social Protection when people who have lived with long-term partners that have passed away will be entitled to apply for widow’s pension benefits (details supplied); and if she will make a statement on the matter. [19440/24]

Amharc ar fhreagra

Freagraí scríofa

Under current legislation, entitlement to a Widows, Widower or Surviving Civil Partnership's Contributory pension (WSCPCP) is only available to a surviving partner who was party to a marriage or civil partnership.

My Department notes the judgement given by the Supreme Court on 22 January, with regard to entitlement to an unmarried cohabitant to WSCPCP. The Supreme Court recognises that legislative amendment is required. Officials in my Department are considering the legislative changes required to address the ruling. Until such time as the legislation has been enacted, my Department will not be in a position to assess the entitlement of the persons impacted by the judgement, to the relevant payments.

The person concerned recently applied for WSCPCP. They were advised in writing that it was not possible to decide on their pension entitlement until the legislation has been enacted. My Department will be in contact with the person concerned once the new legislation is in place.

It is also open to the person concerned to apply for a Supplementary Welfare Allowance payment if the resources currently available to them are insufficient to meet their needs. Supports provided under the scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments. If the person concerned considers that they may have an entitlement to financial support, they should contact their local Community Welfare Service for assistance. There is a National Community Welfare Contact Centre in place - 0818 607080 - which will direct callers to the appropriate office.

I trust this clarifies the matter for the Deputy.

Social Welfare Payments

Ceisteanna (474)

Neasa Hourigan

Ceist:

474. Deputy Neasa Hourigan asked the Minister for Social Protection the rationale for the conditions for the PRSI contributions for the benefit payment for 65-year-olds; the reason a person would not be eligible for the benefit payment at 65 years old, even if they are eligible and have made enough PRSI payments to qualify for the State pension a year later; and if she will make a statement on the matter. [19518/24]

Amharc ar fhreagra

Freagraí scríofa

The Benefit Payment for 65-Year-Olds was introduced in line with the Programme for Government commitment to address the position of people who are required to or choose to retire at age 65 before the State pension age of 66. The payment is designed to bridge the gap for people who retire from employment or self-employment at age 65 until they qualify for the State Pension at age 66.

This support is provided for under the Jobseeker's Benefit and Jobseeker’s Benefit (Self-Employed) schemes. To be eligible for the payment a person must satisfy the qualifying conditions of the relevant scheme including the PRSI social insurance contribution requirements, which demonstrates their recent attachment to the workforce.

A person who does not meet the conditions for this payment may be eligible for the means-tested Jobseeker's Allowance scheme.

I trust that clarifies the position for the Deputy.

Departmental Data

Ceisteanna (475)

Chris Andrews

Ceist:

475. Deputy Chris Andrews asked the Minister for Justice the reason that despite the objection of local residents and businesses, portaloos have now been installed at a location (details supplied); and the person or body that made the decision to do so. [19183/24]

Amharc ar fhreagra

Freagraí scríofa

I can advise the Deputy that neither my Department, not any other, had a role in the provision of the facilities referred to and that the equipment in question has since been removed.

International Protection

Ceisteanna (476)

Catherine Murphy

Ceist:

476. Deputy Catherine Murphy asked the Minister for Justice the estimated first and annual cost of the introduction of a skills assessment for international protection applicants; and if she will make a statement on the matter. [19353/24]

Amharc ar fhreagra

Freagraí scríofa

My Department has no role with respect to the commissioning of a skills assessment or related matters insofar as applicants for international protection are concerned. As the Deputy may be aware, my Department's role relates to the arrangements in place to provides access to the labour market in accordance with the European Communities (Reception Conditions) Regulations 2018 to 2021.

Departmental Programmes

Ceisteanna (477)

Patrick Costello

Ceist:

477. Deputy Patrick Costello asked the Minister for Justice the status of a series of Programme for Government commitments (details supplied); the actions taken to date; the stage of formulation and the estimated timeline for completion of each, in tabular form. [18742/24]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Programme for Government 2020 contains a broad range of policies and proposals that represent a coherent approach to enhancing and sustaining a more just and safe society. My Department remains steadfast in its efforts to deliver on the commitments laid down in the Programme over its lifetime.

The information requested by the Deputy is set out in the following table.

Programme Commitment

Status

Further tackle insurance costs by strengthening the Solicitors (Advertising) Regulations of 2002.

The Legal Services Regulation Act 2015 (Advertising) Regulations 2020 came into operation on 18 December 2020.

Enact legislation that encompasses relevant EU measures and the

UN Protocol against the smuggling and trafficking of migrants.

Criminal Justice (Smuggling of Persons) Act 2021 was signed into law 15th Dec 2021

Implement the measures identified by the Expert Group, to ensure that international protection applications are dealt with and brought to finality

as quickly as possible, while always ensuring fair procedure and a human rights-based approach.

The recommendations which could be progressed were completed. This programme has since been superseded by the International Protection Modernisation Programme for 2023-2024 which takes account of the changed circumstances.

Expand the Dublin North-East Inner City model to other comparative areas experiencing disadvantage.

Local Community Safety Partnership pilots established in Dublin North Inner City, Waterford and Longford to expand a model similar to the NEIC model to other comparative areas experiencing disadvantage.

Annually renew the provisions of the Offences Against the State Act 1998

and the Criminal Justice (Amendment) Act 2009.

Provisions renewed. Final report of Offences Against State Act Review Group was brought to Cabinet and published June 2023.

Independently examine the option of a dedicated system of public defenders.

Superseded by the publication in July 2023 of the General Scheme of the Criminal Justice (Legal Aid) Bill 2023, which will transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board, and reform assessment of eligibility, of the fees, and automation of the payments for increased efficiency and strengthening oversight and governance structures.

Implement a new Youth Justice Strategy, drawing on learnings for the Icelandic model and emphasising prevention, early intervention, and inter-agency collaboration.

Youth Justice Strategy 2021-2024 published on 15 April 2021. Implementation is supported by funding which has increased by 83% since 2020 to over €33m per annum.

Work with all criminal justice agencies to build capacity to deliver restorative justice, safely and effectively.

The Department of Justice’s policy paper on Restorative Justice was published in August 2023. The Probation Service has received an increase in funding for restorative justice related work, and will continue to expand services as appropriate

Adopt and implement a comprehensive strategy to combat trafficking of women and girls.

The Third National Action Plan to Combat Human Trafficking was published in November 2023.

Publish and begin to implement a reform programme to reduce the costs associated with access to the legal system in Ireland.

The Department of Justice published the report of an independent examination of possible models to control litigation costs on 7 February 2024. Officials are engaging with and utilising the data and learning emerging from the work of the Department of the Environment, Climate and Communications to develop a scale of fees for JR applicants as a first/pilot step in developing generalisable options.

Support the Drug Related Intimidation Reporting Programme, developed by the National Family Support Network, in partnership with An Garda Síochána, to respond to the needs of drug users and families facing the threat of drug-related intimidation.

This work is led by the Department of Health.

Introduce a scheme for the expunging of criminal records for gay men convicted of historical offences.

In June 2023, the final report and recommendations of the Working Group examining the Disregard of Convictions for Certain Qualifying Offences Related to Consensual Sexual Activity between Men, was published. The heads of a General Scheme to provide for the statutory scheme are being prepared, in tandem with necessary legal and stakeholder consultation, with a view to the General Scheme being completed in the coming months.

Continue to train new Garda recruits annually.

Garda recruitment campaigns have been run in 2022, 2023 and 2024. The most recent recruitment campaign ran in March, receiving almost 5,000 applications

and demonstrating ongoing high interest in a career as a Garda. Government has increased the training allowance paid to trainees and increased the maximum age

of recruitment from 35 years to 50 years. Additional measures to attract and retain Gardaí continued to be considered.

Prioritise visible policing in both rural and urban communities.

Additional ringfenced funding was provided in Dublin in 2023 and increased the Garda overtime budget for 2024. In 2023, 280 new Gardaí assigned to Divisions across Dublin, with additional permanent full time Gardaí assigned in 2024.

The Commissioner will continue to ensure a high visibility policing presence in the city centre. Ongoing engagement with National Rural Safety Forum. Rural Safety Plan 2022-2024 published. Further supported by rollout of new Garda Operating Model along with targeted operations. As part of the Policing, Security and Community Safety Act, community safety partnerships with community safety plans will be established nationwide

Remove Gardaí from administrative, technical, and other non-core duties, to allow them to focus on policing matters.

Approximately 820 Gardaí redeployed to date. A range of Garda immigration administrative functions to be taken on by the Department of Justice over the course of 2024.

Increase the diversity within An Garda Síochána, prioritising the identification and removal of barriers to recruiting and retaining people from diverse and minority backgrounds.

The Garda Recruitment Competitions focus on equality, diversity and inclusion. This has included changes to Garda uniform policy, the establishment of the Garda National Diversity Forum, representation from diverse and minority communities in An Garda Síochána, the establishment of a Garda internship programme focused candidates belonging to a group at greater risk of inequality or social exclusion in Irish society.

Codify the Garda powers for search, arrest, and detention.

Garda Síochána (Powers) Bill is being drafted with the Publication of Bill expected in 2024.

Continue to support the work of An Garda Síochána in tackling and interrupting organised crime.

Ongoing. The budget of An Garda Síochána has been increased by 23% since 2020, including investment in ICT, modern buildings and ongoing recruitment. International cooperation has been supported and continues to prove valuable in combatting transnational crime. Ireland's successfully connected to SIS II; Terrorist Content Online Regulation came into effect in June 2023; continuing to support operation of European Arrest Warrant and extradition system. Work is ongoing on the Proceeds of Crime Amendment Bill, with oral PLS hearing held in the Oireachtas Justice Committee on 16 April.

Support and consolidate the reform and strengthening of the Department of Justice.

In 2019 the Department was restructured to a new Functional Model, which continues to be reviewed and refined to respond to ongoing challenges.

Amend the Criminal Justice (Corruption Offences) Act 2018 to make the prosecution of white-collar crime more manageable and efficient.

This is part of the development of the national strategy for combatting economic crime and corruption and accompanying action plan.

Enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a less-adversarial resolution of disputes.

The Family Court Bill was published in November 2022. Work on the Bill continues in 2024.

Build a new Family Law Court building in Dublin and ensure that court facilities across the country are suitable for family law hearings, so that these hearings can be held separately from other cases.

The building is being developed by way of PPP, planning permission was granted in April 2024. The project is expected to be completed in the latter part of the National Development Plan

Clarify and strengthen contempt of court sanctions for violations on social media.

The report of the Law Reform Commission (LRC) on contempt is awaited. The Department met with the LRC in March 2024 to discuss its programme of work, and the LRC plans to advance work on this project later this year.

Implement reforms to the administration of civil justice in the State covering matters such as the more efficient and effective deployment of court and judicial resources. This will be guided by the report of the group chaired by

the former President of the High Court, Mr. Justice Peter Kelly.

The Kelly Review and implementation plan has been published. Preparation of legislation to give effect to the recommendations is underway.

Set up a special expert forum on antisocial behaviour, to consider the effectiveness of existing legislation and propose new ways forward, including new powers for An Garda Síochána and additional interventions to support parenting of offenders.

The expert forum on antisocial behaviour was established in 2020. It has examined a broad range of issues with a focus on developing measures which will counteract the negative impact of this behaviour on community morale and quality of life. The forum operates four subgroups to consider specific issues, including one on knife crime, and has made a number of recommendations based on the available evidence to inform criminal justice policy in this area.

The Government has approved proposals to amend legislation to increase sentences for a number of knife-related crimes and to strengthen the use of antisocial behaviour orders.

Examine increasing the age limit for the application of the Garda Youth Diversion Programme to 24 years old.

Following public consultation in 2022, two open policy forums (AGS Open Policy Forum, Public/ Stakeholder Open Policy Forum) took place 28th/29th Nov with a view to bringing forward proposals for a possible diversion approach to 18 to 24 year olds in the coming months.

Extend the pilot schemes of the Joint Agency Response to Crime to more areas to target prolific repeat and vulnerable offenders aged 16 -21.

The required changes to structures were agreed in December 2023 with implementation planned for 2024.

It is also intended that the JARC methodology will be adopted by An Garda Síochána and the Probation Services as mainstream nationwide practice.

Establish a gambling regulator focused on public safety and wellbeing,

covering gambling online and in person, and the powers to regulate

advertising, gambling websites and apps.

The Gambling Regulation Bill 2022 is due to complete Report and Final Stages in Dáil Éireann in the coming weeks. A CEO Designate of the Gambling Regulatory Authority of Ireland, has been appointed.

Programme Board established to ensure different work streams progress parallel

to the legislative process.

Ratify and implement the Optional Protocol to the Convention against

Torture within 18 months of the formation of the Government.

General Scheme approved by Government and published in 2022. Drafting of the Bill has commenced in the OPC.

Review the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 to broaden the range of convictions that are considered spent.

Policy options (informed by comprehensive public consultation) to broaden range of spent convictions have been developed and remain under consideration

Establish a Penal Policy Consultative Council to advise on penal policy.

Proposed approach to establishment of a Consultative Council has been developed and remain under consideration.

Introduce Hate Crime legislation within 12 months of the formation of the Government. This legislation will create specific offences, to ensure that

those who target victims because of their association with a particular identity characteristic are identified as perpetrators of hate crime. This legislation will be on the basis of an aggravated offences model. It will be supported by training across the criminal justice system, as well as victim supports.

The Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022 was published in 2022. All Dáil stages completed in April 2023. Seanad Second Stage took place on 13 and 21 June 2023. Seanad Committee Stage date

is expected in the coming weeks.

In order to ensure that those who seek to encourage and incite others to hate minority groups can be prosecuted, we will revise and update Incitement to Hatred Act 1989, taking account of the public consultation conducted in 2019.

As above

Legislate to introduce Domestic Homicide Reviews.

The ‘Study on Familicide and Domestic and Family Violence Death Reviews’ was published in May 2023. Action on a number of recommendations already underway through the Zero Tolerance strategy is being taken forward in 2024.

Implement the findings of the O’Malley Review of supports for vulnerable witnesses in sexual violence cases to support victims.

The Criminal Law (Sexual Offences and Human Trafficking) Bill completed Committee Stage on 14 November 2023. Report Stage has been scheduled for 1 May.

Modernise our licensing laws and application processes.

General Scheme of the Sale of Alcohol Bill 2022 published Oct 2022. While work on this Bill is progressing, the heads of a shorter Bill are being drafted with publication expected in 2024.

Update legislative provisions with the Charities Regulator, to ensure that it has the necessary powers to increase trust and confidence in the management and administration of charities.

This is led by the Department of Rural and Community Development.

Work with the Executive and the UK Government to deepen multi-agency cross-border cooperation on crime, including information-sharing between the Police Service of Northern Ireland and An Garda Síochána.

Work with the Executive and the UK Government continues to deepen multi-agency cross-border cooperation on crime, including information sharing between the Police Service of Northern Ireland and An Garda Síochána, particularly following Brexit. The first cross border organised crime conference since Covid was held in Cavan in February 2024.

Review and reform defamation laws, to ensure a balanced approach to the right to freedom of expression, the right to protection of good name and reputation, and the right of access to justice.

Review of the Defamation Act 2009 published March 2022. It is expected to publish the Defamation (Amendment) Bill in 2024.

Recognise the domestic and international importance of data protection in Ireland. We will support the Data Protection Commission, to ensure that Ireland delivers on its responsibilities under the General Data Protection Regulation (GDPR).

An additional two new Data Protection Commissioners appointed 20 February 2024, for a five-year term. The vacancy for the third DPC Commissioner will be filled through a new Public Appointments Service competition as soon as possible.

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