26 January 2011

Parliamentary Questions

• Funding shortfall at Jack and Jill Foundation
• Applications received for Disability Allowance since 2006
• Social welfare appeals
• Irish citizens refused allowances under habitual residency clause
• Domiciliary Care Allowance
• Applications for Carer’s Allowance received since 2006
• Appointments made to State Bodies under Dept. Community
• School for children with autism in Co. Mayo
• Loss of resources when a pupil transfers to another school

PARLIAMENTARY QUESTIONS

• Funding shortfall at Jack and Jill Foundation

Deputy Alan Shatter (FG): asked the Tánaiste and Minister for Health and Children    the reason the former Minister for Health and Children, Deputy Harney, and the Minister of State, Deputy Moloney, participated in a series of meetings with the Jack & Jill Children’s Foundation during the period May 2010 to December 2010, inclusive, during which the financial needs of the organisation were discussed with regard to its maintaining its services and providing additional services to children between the ages four and six years; to confirm that those who attended the meeting were led to believe that additional funding would be made available to the organisation when no such funding has been so provided; if her attention has been drawn to the fact that the organisation has been notified by the Health Service Executive that its funding is to be cut by €10,000 this year; if her attention has been drawn to the fact that it is impossible for this organisation to continue to provide its current level of service without additional funding;

Minister of State at the Department of Health and Children (Deputy John Moloney):  The meetings referred to were held with a view to addressing the service needs of families and children identified by the Jack & Jill Children’s Foundation as being at risk of losing their service due to the significant shortfall in private donations experienced by the Foundation in recent times. As a direct result of those meetings, the Health Service Executive (HSE) is now working jointly with the Jack and Jill Foundation to identify and prioritise the needs of the children on a case-by-case basis. The HSE will work closely with Jack & Jill to ensure that no child is hospitalised for want of adequate home support, provided by either Jack & Jill Children’s Foundation or the HSE. However, if a child needs hospital care, the HSE will provide this.

The Health Service Executive will continue to fund Jack & Jill Children’s Foundation in 2011. The Minister’s guidance to the HSE in developing their service plan for 2011 was that there should be a particular focus on protecting services to vulnerable groups. The Minister requested the HSE to give favourable treatment to disability services by setting a lower savings target for disability services of a maximum budget reduction of 1.8%. As is the case with all charities, the HSE is not in a position to provide additional funding for the Foundation to compensate for the drop in its private fund-raising income. This position was made clear to the Foundation in the meetings referred to.

• Applications received for Disability Allowance since 2006

Deputy Bernard J. Durkan (FG): asked the Minister for Social Protection the total number of applications for disability allowance received in each of the past five years to date in 2011; the total approved and the total rejected in the same period;

Minister for Social Protection (Deputy Éamon Ó Cuív):  The requested statistics for disability allowance claims are set out in the table.

• Social welfare appeals

Deputy Caoimhghín Ó Caoláin (SF): asked the Minister for Social Protection the average time it took to process social welfare appeals in 2010; the total number of social welfare appeals outstanding at the end of 2010; the number of appeals per social welfare payment at that time;

the number of social welfare appeals decided and the numbers upheld and rejected in 2008, 2009 and 2010;

Minister for Social Protection (Deputy Éamon Ó Cuív): The figures requested in relation to the number of appeals outstanding at the end of 2010, broken down by social welfare payments and the number of appeals decided, with their outcomes, for 2008, 2009 and 2010 are given in the tables attached to the reply. At 31/12/10, there were 2,145 applications for carer’s allowance on appeal but figures are not readily available as to the number on appeals awaiting determination for two months, four months, eight months, and 12 months or more as requested by the Deputy.

The average waiting time in cases decided by way of a summary decision is 27.4 weeks, while the average time to process an oral hearing is 45.6 weeks. These processing times are calculated from the registration date of the appeal to the date of its finalisation and include all activities during this period including time spent in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant and any further investigation, examination or assessment by the Department’s Inspectors and Medical Assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process.

The annual intake of appeals has increased from 14,070 in 2007 to 32,432 in 2010, an increase of 18,362 (130.5%). A number of initiatives have been taken to deal with these increases, including the deployment of additional staff resources to the Office. The Social Welfare (Miscellaneous Provisions) Act 2010 facilitated the use of experienced retired former Appeals Officers, on a strictly temporary basis to assist in reducing the backlog of Social Welfare Appeals cases.

In conjunction with the provision of extra staff, more emphasis is now placed on dealing with appeals on a summary basis so as to increase productivity. As a result, the number of appeals dealt with by way of oral hearing was reduced from 59% in 2009 to 31.5% in 2010. A project to improve the business processes in the office was also undertaken which has resulted in a number of improvements being implemented and significant enhancements have been made to the office’s IT and phone systems.

I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

• Irish citizens refused allowances under habitual residency clause

Deputy Bernard J. Durkan (FG): asked the Minister for Social Protection the total number Irish citizens whose applications for various social welfare payments were refused in each of the past five years to date in 2011 under the habitual residency criteria;

Minister for Social Protection (Deputy Éamon Ó Cuív):  I have set out below a table which sets out by scheme the number of Irish people who were disallowed a social welfare payment based on the failure to satisfy the habitual residence condition during the years 2006, 2007, 2008, 2009 and 2010. Due to industrial action which took place during the first half of 2010 figures in respect of 2010 are incomplete.

Irish nationals returning to Ireland on a permanent basis should experience no difficulty in demonstrating that they satisfy the requirements of the habitual residence condition.

• Domiciliary Care Allowance

Deputy Bernard J. Durkan (FG): asked the Minister for Social Protection the number of applications for domiciliary care allowance received by him in each of the past five years to date in 2011; the numbers approved; the numbers rejected; the degree if any to which the qualification guidelines changed during that period to date; the number of applications for domiciliary care allowance received by him in each of the past five years to date in 2011; the number granted, refused or referred to appeal in each year;

Minister for Social Protection (Deputy Éamon Ó Cuív): Domiciliary Care Allowance (DCA) has been the responsibility of this Department since April 2009, statistics prior to this date are a matter for the HSE who administered the scheme up to that point. The qualifying conditions have not changed in the time that the scheme has been administered by this Department and remain broadly in line with what were operated by the HSE. The significant changes to the operation of the scheme with the transfer from the HSE included giving the scheme a legislative basis, the removal of the means test that applied to the child and a change to the assessment process to determine the level of additional care that the child’s disability requires, this is now done by way of a desk assessment.

In 2009, a total of 3,389 applications were received, 1,078 applications were awarded, including 47 on review on the basis of additional information received. 1,792 were disallowed and 836 appeals received.

In 2010, a total of 5457 applications were made. 2697 applications were awarded, including 639 awarded on review, 3275 applications were disallowed in the year.

• Applications for Carer’s Allowance received since 2006

Deputy Bernard J. Durkan (FG): asked the Minister for Social Protection the number of applications for carer’s allowance received by him in each of the past five years to date in 2011; the numbers approved; the numbers rejected; the degree if any to which the qualification guidelines changed during that period to date;

Minister for Social Protection (Deputy Éamon Ó Cuív):  Carer’s Allowance is a social assistance payment, made to persons who are providing full time care and attention to elderly people or to people with disabilities and whose income falls below certain limits.

The information requested by the Deputy is set out below in tabular format.

The following are changes to the qualification guidelines from 2006 to date.

On the 1st of June 2006 the amount of hours a carer was permitted to work outside the home per week was increased from ten hours to fifteen hours.

In Budget 2007, the Minister provided for new arrangements whereby people in receipt of certain social welfare payments, who are also providing full time care and attention, will be able to retain their main welfare payment and receive, depending on their means, half rate carer’s allowance. This was introduced on the 27th September 2007.

The means test for carer’s allowance has been significantly eased over the years, and is now one of the most generous means tests in the social welfare system, most notably with regard to spouse’s earnings. In April 2006 the income disregard increased from €540 to €580 per week for a couple. In April 2007 it increased to €640 per week for a couple. Since April 2008 the income disregard has been €332.50 per week for a single person and €665 per week for a couple

There have been no other changes to the qualification guidelines from 2006 to date, apart for rate changes in accordance with the budget each year.

• Appointments made to State Bodies under Dept. Community

Deputy Leo Varadkar (FG): asked the Minister for Community, Equality and Gaeltacht Affairs if he will list all appointments made by him between 14 January 2011 and 25 January 2011, inclusive, to State boards, agencies, quangos, bodies, authorities and other bodies within the aegis of his Department; the person appointed in each such case; their professional or personal qualifications which recommended them for the appointment in each case; the remuneration associated with the position; the selection process employed; if it was a new appointment or a reappointment; in the cases of reappointments, when the person was first appointed to the body;

Minister for Community, Equality and Gaeltacht Affairs (Deputy Pat Carey):  I have made no such appointments during the period referred to by the Deputy. For completeness, however, I should inform the Deputy that my colleague, Mr John Moloney, TD, Minister of State at my Department with responsibility for Disability and Mental Health, appointed Mr James O’Grady to the National Disability Authority on 18 January 2011 at an annual rate of remuneration of €5,985. This was a new appointment. Mr O’Grady, a former Assistant National Director of the HSE, who worked for many years on disability issues with the former Mid-Western Health Board, was appointed in line with the criteria set out in section 20 of the National Disability Authority Act 1999 (as amended by the Disability Act 2005).

• School for children with autism in Co. Mayo

Deputy Enda Kenny (FG): asked the Tánaiste and Minister for Education and Skills    the position regarding an application for funding for an autism unit for a school (details supplied) in County Mayo; if she will indicate that funding will be granted to this project and when she expects to be in a position to announce funding for this specific unit;

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan): I can confirm to the Deputy that the school to which he refers applied to my Department in 2006 for additional accommodation to cater for an ASD Unit and other ancillary accommodation.

The application was assessed and a band rating of 1.2 was assigned to the project. This rating has been assigned because the project meets the criteria for such a rating set out in the published prioritisation criteria for major projects i.e. “the provision of specialist accommodation is urgently required for children with special needs such as autism, speech and language impairment, severe and profound intellectual impairment etc.”.

The progression of all large scale building projects, including this project, from initial design stage through to construction phase will be considered in the context of the Department’s multi-annual School Building and Modernisation Programme. However, in light of current competing demands on the capital budget of the Department, it is not possible to give an indicative timeframe for the progression of the project at this time.

In the meantime my Department is grant aiding the school for the rental of accommodation for the ASD Unit. In addition, €13,000 was approved in 2006 to equip the unit.

• Loss of resources when a pupil transfers to another school

Deputy Brendan Howlin (L): asked the Tánaiste and Minister for Education and Skills    if her attention has been drawn to the fact that when a primary school pupil with a resource hours allocation transfers to a new school, the resource hours are lost and not reinstated until the case has been reviewed by the special education needs organiser in the new school district, which may entail some considerable delay; her views on whether this creates serious disadvantage for the pupil; if she will amend the procedure in order to provide that the resource hours simply transfer automatically with the child from one school to another, with a later review by the SENO in the new school district;

Tánaiste and Minister for Education and Skills (Deputy Mary Coughlan):  The Deputy will be aware that the National Council for Special Education (NCSE) is responsible, through its network of local Special Educational Needs Organisers (SENOs), for allocating resources to schools to support children with special needs. The NCSE operates within my Department’s criteria in allocating such support.

There is no automatic system of transfer of resources from one school to another. Where a child with special educational needs is in receipt of additional supports in a school and moves school, and no other child with special needs enrols in the school, then the resource — resource teaching hours and/or SNA support — is withdrawn from the first school and, if still warranted by the child’s needs, will be sanctioned for the new school.

In considering applications for teaching and SNA supports for individual pupils, the SENOs take account of the pupils’ needs and consider the resources available to the school to identify whether additionality is needed or whether the school might reasonably be expected to meet the needs of the pupils from its current level of resources.

All schools have the names and contact details of their local SENO. Parents may also contact their local SENO directly to discuss their child’s special educational needs, using the contact details available on www.ncse.ie.

BACK TO MAIN DÁIL DEBATES & QUESTIONS PAGE