Social Policy Quarterly Report January-June 2001

This report contains a selection of the most frequently highlighted social policy issues indicated in Social Policy Records from CICs in January-June 2001. During this period, the Comhairle Social Policy Executive received 347 Social Policy Records, and 107 telephone enquiries to Comhairle Information staff were identified as having a social policy implication. All the CICs that have sent in Social Policy Records during the first half of 2001 are listed in the appendix at the end of the report. Many of the issues and recommendations contained in this report are also put forward in the Comhairle Pre-Budget Submission which will be circulated to all CICs shortly. Due to the large number of Social Policy Records received during the first half of 2001 it has not been possible to include all the issues raised in this document, but the concerns highlighted here are familiar to CIC staff and volunteers throughout the country. The Report on CIC Social Policy Records will in future be sent out on a quarterly basis (four times a year), and the next report, covering July-September will be sent to you during the first half of October.

Social Policy Feedback by Source and Issue Area

Type of S.P. Issue	Social Policy Records	Telephone queries
Social Welfare (General)	10	7
Social Welfare (Insurance)	72	8
Social Welfare (Assistance)	75	10
Supplementary Welfare	14	3
Health	36	13
Employment	56	23
Family	8	3
Consumer	9	3
Debt	2	9
Law/Justice	6	2
Migration	9	3
Housing	36	8
Education	6	3
Voluntary Sector	0	1
Access/Assistive Technol.	0	5
Driving Transport	0	2
Equality Related	0	2
Tax	4	0
Miscellaneous	4	2
TOTAL	347	107

Health Care and Support for People with Disabilities

Entitlements to people with long-term illnesses and disabilities

Ballina CIC (20.6.)[1] has brought up the situation of people who are unable to work due to a long-term illness or disability but do not have sufficient PRSI contributions to claim contributions-based disability benefit. People in this position are also often unable to claim disability allowance due to their spouse's earnings. The CIC suggests that it would be helpful if people who have a disability or serious health problems (and therefore are unable to work) were entitled to a payment that is not means-tested or contributions-based. In other words, a payment that is based on disability or sickness, the purpose of which is to compensate for the lack of opportunity to work and the extra costs associated with disability/sickness[2].

Benefits while off work sick

Northside CIC in Dublin (5.6.) has highlighted the problem that arises from the lack of a proper sickness benefit system. The Centre has had a number of queries from people who did not get sick pay from their employer and therefore had to survive on disability benefit that is often very low in relation to earnings. Living on disability benefit can mean that the sick person and their family is no longer in a position to meet the cost of mortgage and other loans, medical costs and prescriptions and so on, and may consequently have difficulties even coping with grocery bills. Northside CIC suggests that the rate of disability benefit should be increased, and/or medical card be given to all those who have to be on sick leave.

Medical card

Northside CIC (20.6.) has stressed the difficulties of coping with medical expenses among people who have long-term health problems. Often these people are only slightly above the income limits for medical card eligibility, but the actual costs of medical treatment, prescriptions etc. can be much greater than the amount by which the person's income exceeds the guideline. The Centre suggests that medical cards should automatically be given to people with long-term illnesses or disability, and that young children of low to medium income parents should also be eligible. Ballina CIC (17.1.) suggests that medical card should automatically be given to everyone on means-tested benefits, including Family Income Supplement.

Crumlin CIC (13.6.) has informed us that the increase in social welfare pensions has meant that some pensioners are no longer eligible to a medical card. There is a gap in the medical card coverage for pensioners between the ages of 66 when they are still subject to income guidelines and 70 when medical card becomes a free, universal entitlement. More generally, medical card income guidelines are extremely low and many people on low incomes do not qualify (Leitrim CIS April, Ballina CIC 20.2. and April). Trim CIC (25.5.) has also pointed out that the medical card income guidelines are considerably higher for certain categories of people who used to be on benefits than for others, and argues that this is unfair. (Long-term unemployed people who take up a job (BTWA) and lone parents on employment schemes may retain their medical card for three years. In some cases this arrangement can mean that previously long-term unemployed people can retain their medical card while another person on a similar or lower income level is not entitled because they do not have a history of unemployment.)

Long-term care and carers

Dun Laoghaire CIC (25.6.) has highlighted the issue of long-term care in nursing homes. In many cases people's income is not high enough to meet the costs of long-term nursing care, and the nursing home subvention (if awarded) is often not sufficient to meet the costs. In some cases people on medical cards have difficulties accessing long-term care in a public nursing home (Crumlin CIC, no date) and have difficulties in meeting the part of private nursing home fees that is not covered by subvention (Sligo 29.1.). The inadequacy of financial and other support for individuals and couples that need long-term care needs to be urgently addressed.

There is a shortage of places in public and private nursing homes, forcing people to take recourse to seeking the assistance of local politicians (Maynooth, June).

Monaghan CIC (26.4.; 29.5.) and Castlebar CIC (23.4.) have called for a non-means tested Carer's Allowance as the amount by which many carers' income exceeds the guidelines is not very large. Cavan CIC (21.2.) suggests that more support should be available for paying a substitute carer during breaks from caring duties. Some carers are left without any financial support once their Carer's Benefit runs out (after 15 months) if they are not entitled to Carer's Allowance (City Centre CIC 19.4.). Sligo CIC has recommended that Carer's Allowance should continue to be paid after the person being cared for takes up rehabilitative employment (12.2.). In addition to financial support, enhanced support in the form of respite care, more home help etc. is urgently needed by many carers who are old and frail themselves (Sligo 8.2.). Furthermore, the State is saving considerable amounts of money by relying on carers rather than nursing homes or hospitals to look after dependent relatives and friends (Carlow CIC 9.3.).

Hearing aids

Kilkenny CIC (6.6.) feel that the current practice with regard to hearing aids is unfair. Persons who have a medical card are entitled to a free hearing aid but the model that is provided is large and clumsy. The CIC feels that it should be possible for medical card holders to contribute themselves towards the cost of a more discreet and more expensive model that the user would feel more comfortable with. The same principle could be applied to other aids and appliances.

Families, Children and Young People

Child benefits and student grants

Crumlin CIC (2.5.; 18.6.) has highlighted the disparity between child benefits and student maintenance grants. As of 1 June this year, child benefit is £ 67.50 per month, amounting to £ 810 per year (£ 86 per month for the third and subsequent children, amounting to £ 1032 per year). Maintenance grant for 19-22-year-olds in full-time education is £ 710 per year. In other words, child benefit is £ 100 - £ 322 more per year than a student grant which does not seem fair, given the cost to families of putting their children through third level education. Crumlin CIC suggests that the maintenance grant should be increased to bring it in line with child benefit, or that child benefit is extended to all in full-time education up to the age of 22. Sligo CIC (March) has suggested that the means-testing of mature students living with their parents should also be eased; Castlebar CIC has similarly argued that the means-testing of married mature students should be eased (28.3.).

(NOTE: The adjacent maintenance rate (when the child is living at home) has been increased to £ 753 for 2001/2002 - however, this is still clearly less than the child benefit. The non-adjacent rate is £ 1882.

Treatment of married vs. unmarried couples

There is continuing disparity in the treatment of married and unmarried couples as the latter are taxed as single people (i.e. cannot avail of married person's tax allowance and transferable credits) but treated as a couple for social welfare purposes (Ballina CIC 19.2.; Cork CIC January).

Welfare to Work/Education

Secondary benefits

Feedback from Kilkenny CIC (6.4.), Galway (10.4.), Maynooth (1.3.), Carlow (6.2.) and Swords (16.6.) shows that there are continuing problems with secondary benefits, for instance rent allowance is cut when the recipient takes up work. Carlow CIC (11.1.) suggests full rent allowance should continue to be paid to people who find work for the first year, and then gradually tapered over three years.

Some people who transfer from Community Employment to unemployment benefit have also discovered that the loss of rent allowance is more than the amount of unemployment benefit. Buncrana CIC (22.5.) has also highlighted the problem that arises in cases where lone parents receive half-rate unemployment benefit after having completed a FÁS/CE scheme, only to have their rent supplement reduced by the amount of the unemployment benefit.

The lack of (public) transport poses a problem for some unemployed people, particularly when continued payment of benefits is made conditional on seeking and accepting offers of employment outside the area of residence (Carlow CIC 26.3.).

Back to Education Allowance

Sligo CIC has pointed out that the six months' unemployment requirement for BTEA is too long (30.5.). It should be possible to enter a training course or a programme of study much sooner than is currently the case

Reduction in rent supplement by the amount of money earned from Youth Reach Training Allowance has led to problems and disincentives for people in receipt of this payment (Buncrana CIC 22.5.).

Child care

The cost of child care continues to pose a problem for lone parents in particular (Sligo CIC 14.5.; 30.5.) as it can make working more 'expensive' than not working. The cost of child care can also mean that taking up a job does not result in any real improvement in income or standard of living (Cork CIC, January). Sligo CIC suggests that the child care costs of all parents, particularly of those on low incomes should be subsidised by the government.

Family Income Supplement

The qualifying working hours for FIS should be reduced from 19 to 17.5. as many people are now job-sharing a 35-hour week (Cork 10.4.).

Asylum Seekers

The CICs in Longford (25.5.) and Athlone (14.5.; 16.5.) (also Sligo 30.4.) have alerted us to the problems experienced by asylum seekers in trying to secure their right to accommodation outside the direct provision system. Health Board officials in one area had told the mother of an Irish-born baby that she was not able to opt out of direct provision, whereas the practice was different in other Health Boards (Rent Allowance was made available to asylum seekers in this situation). After detailed investigation by the two CICs, it turned out that the family in question was in fact entitled to leave direct provision and to move into private rented accommodation with the help of rent supplement. This case clearly demonstrates the lack of consistency between the policies of different health boards and the need for clearer national guidelines.

Social Insurance Benefits

Social insurance contributions

Navan CIC (25.6.) has alerted us to the following:

People in the public service who have both full rate and modified rate social insurance contributions and who retire early are often encouraged to sign on at the employment exchange for credited contributions. They are awarded credits at the modified rate as this is the rate they were paying when they were last employed. In this way they will increase the number of modified rate contributions that they have in order to claim a pro rata old age contributory pension. However, this could be a mistake on their part as they will be increasing the size of the divisor used in the equation to work out their pro rata pension. In other words, the more modified contributions they have the worse off they will be

Pre-1953 Pensions

Longford CIC (30.5.) has pointed out the following problems with the new pre-1953 pension arrangements:

• It is very difficult to locate old RSI numbers.
• Some people who worked before 1953 did not have their contributions recorded.
• Some of them were not told that they were paying modified contributions which were of no value to them for pension purposes.
• Clients are unable to pay voluntary contributions to make up the shortfall in cases where they do not have enough contributions.

We have also been told that the processing times for pensions where pre-1953 contributions are taken into account are very long (Sligo CIC 11.5.; Ballina 1.5.).

Housing

There is clearly need for urgent regulation and enforcement of existing legislation in the area of private rented housing. Sligo CIC (May) has reported on cases where very short notices by landlords were given and tenant's other rights were violated. Sligo CIC suggests that tenants should be better protected by law and the security of tenure should be improved. Absence of security of tenure makes it difficult for tenants to enforce their rights regarding for instance the good repair of the house (Ballina CIC 16.1.). While regulations state clearly that local authorities have a duty to regulate standards in private rented accommodation, many of them are not aware or not willing to take on this role (Blanchardstown CIC 4.4.). There is also evidence of increased unwillingness on the part of landlords to accept tenants in receipt of rent supplement (Tralee 2.5.; Cork 28.3.; Sligo 9.2.; Ballina 28.2.).

Mortgage supplement should not be conditional on the applicant working less than 30 hours per week. As Ballina CIC (19.2.) has pointed out, this limit is arbitrary as someone working 29 hours per week could have a higher income than someone working 31 hours per week. Income, not the number of hours worked, should be the deciding factor.

Letterkenny CIC (February) has pointed out that repairs in council houses should be carried out by the local authority and that tenants should not have to pay themselves for essential repairs. Sligo CIC has highlighted the slow response of some local authorities to requests for house repairs (7.1.).

People participating in Community Employment schemes are not given an increase in their Rent Supplement during the period in CE even if their rent goes up. However, CE participants in local authority housing are in a more secure position as an increase in their rent is not permitted during the CE scheme. Increase in Rent Supplement should be given to CE participants whose rents are increased[3].

Employment Rights

The breach of employment rights continues to be a serious problem[4]. The most typical problems are unfair dismissal, denial of right to holidays and non-payment of holiday pay (Sligo 28.5.; Carlow 4.4. and 5.4.; Shannon 18.4.; Ballina 20.3. and 27.3.), as well as disregards of minimum wage legislation, particularly in the case of young employees (Carlow 2.4.). Lack of breaks or insufficient breaks during the working day are also common (Castlebar, no date). The situation of those who have been working for less than a year is particularly weak as they have no protection against unfair dismissal (Carlow 9.4.). Ballina CIC (14.5.; 27.3.) suggests that more needs to be done to inform employers of their obligations regarding the minimum wage and that more monitoring is needed (also suggested by Ballina CIC, January), and that the right to claim unfair dismissal should be extended to all workers who have been sacked while trying to enforce their statutory entitlements irrespective of the length of service.

Problems are also frequently occurring with the employment rights and treatment of foreign nationals working in Ireland (Shannon CIC 4.5.; City Centre CIC 9.5.; Roscommon CIC 2.4.; Galway CIC 25.1.). CICs in question suggested that more supervision and regulation of employment agencies and employers dealing with foreign nationals is needed.

Administration

Delays in appeals processing

There are continuing problems with long delays in the appeals process. Some people also experience difficulties in obtaining the type and amount of information on their files and records that they consider adequate under the Freedom of Information act (Rathmines CIC 16.5.).

Delays in means-testing and benefit applications

Home visits by officers establishing need for means-tested payments such as non-contributory old-age pension and carer's allowance are taking a very long time (as long as half a year) to be organised, in some cases leading to people having to take recourse to supplementary welfare allowance while waiting for the assessment (Caherciveen 29.6.; Sligo 19.4.). Some CIC clients have also felt that the time given for supplying officials with information was unreasonably short (Sligo 4.5.). Some claims for One Parent Family Payment (Athlone CIC 3.1.), Old Age Contributory Pensions (Letterkenny 5.2.), Free Schemes (Waterford 23.4.), Carer's Allowance (Sligo 19.2.) and Unemployment Benefit (Maynooth 14.5.) are also taking a long time to be processed. Lack of co-ordination between different sections of the Department of Social, Community and Family Affairs means that applicants sometimes have to provide multiple copies of various certificates when they transfer from one benefit to another (Ballyshannon 18.4.).

Household Budget scheme

The fact that the Household Budget scheme is limited to the recipients of certain payments causes a lot of inconvenience and confusion (Waterford 14.6.), and eligibility to it should be streamlined between the different benefits and payments (for instance, at the moment somebody on a disability payment can avail of the Household Budget scheme but people on Carer's Allowance or Non-Contributory Old-Age Pension cannot)[5].

Local Authority Housing Criteria

Co. Leitrim CIS (April 2001) has pointed out the lack of clarity in the criteria for prioritising local authority housing. Waiting times for people with dependent children can be extremely long and it is not very clear according to what criteria housing is being allocated. The Social Policy Record from Co. Leitrim CIS suggests that information on the housing stock, the priorities for letting and the criteria for allocating housing should be published each year in the local media.

Appendix

Social Policy Records have been received from the following CICs. The date of the Record is also stated where it is provided on the Record (many Records are undated or state only the month when the query was made):

• AthloneCIC 3.1.; 6.4.; 11.5.; 14.5.; 16.5.
• Ballina CIC 9.1.; 10.1.; 16.1.; 17.1.; 5.2.; 6.2.; 7.2.; 12.2.; 13.2.; 19.2.; 20.2.; 27.2.; 28.2.; 5.3.; 20.3.; 27.3.; 28.3.; 25.4.; 1.5.; 14.5.; 22.5.; 20.6
• Ballyshannon CIC 18.4.
• Blanchardstown CIC 18.2.; 4.4., 9.4.
• Buncrana CIC 22.5.
• Caherciveen CIC 29.6.
• Carlow CIC 2.1.; 10.1.; 11.1.; 1.2.; 6.2.; 7.2.; 13.2.; 16.2.; 19.2.; 5.3.; 9.3.; 12.3.; 13.3.; 15.3.; 20.3.; 26.3.; 2.4.; 4.4.; 5.4.; 6.4.; 9.4.
• Castlebar CIC 23.1.; 25.1.; 30.1.; 31.1.; 7.2.; 15.3.; 21.3.; 22.3.; 28.3.; 30.3.; 19.4.; 20.4.; 23.4.; 25.4.; 21.5.; 23.5.; 24.5; 25.5.; 28.5.
• Cavan CIC 21.2.
• City Centre (Dublin) CIC 3.1.; 19.4.; 26.4.; 9.5.
• Clondalkin CIC 30.5.
• Cobh CIC, 21.6.
• Cork CIC 21.3.; 28.3.; 10.4.; 9.5.; 10.5.
• Crumlin CIC 2.5.; 30.5.; 13.6.; 18.6.
• Dungarvan CIC 20.6.
• Dun Laoghaire CIC 14.5.; 24.5.; 20.6.; 25.6.; 2.7.; 3.7.
• Galway CIC 8.1.; 25.1.; 7.3.; 10.4.; 26.4.; 4.5.; 9.5.; 22.5.
• Kilkenny CIC 8.1.; 12.1.; 5.2.; 3.4.; 6.4; 6.6.
• Co. Leitrim CIC 22.2.; 1.6.
• Letterkenny CIC 5.2.
• Longford CIC 11.4.; 12.4.; 19.4.; 7.5.; 14.5.; 21.5.; 24.5.; 25.5.; 29.5.; 30.5.; 29.6.
• Lucan CIC 30.5.
• Maynooth CIC 11.1.; 1.2.; 1.3.; 14.5.
• Monaghan CIC 15.2.; 26.4.; 29.5.
• Navan CIC 19.6.; 21.6.; 25.6.
• Northside CIC 1.5.; 30.5.; 5.6; 20.6.
• Rathmines CIC 7.2.; 16.5.
• Roscommon CIC 2.4.
• Shannon CIC 18.4.; 4.5.; 11.5.
• Sligo CIC 7.1.; 8.1.; 19.1.; 25.1.; 29.1.; 31.1.; 6.2.; 8.2.; 9.2.; 12.2.; 15.2.; 19.2.; 23.2.; 27.2.; 28.2.; 6.3.; 12.3.; 14.3.; 20.3.; 21.3.; 2.4.; 4.4.; 9.4.; 10.4.; 12.4.; 17.4.; 19.4.; 23.4.; 30.4.; 1.5.; 4.5.; 11.5.; 14.5.; 18.5.; 22.5.; 28.5.; 30.5.
• Sundrive CIC 3.4.
• Swords CIC 11.1.; 16.6.
• Tralee CIC 22.1.; 2.5.; 26.6.
• Trim CIC 25.5.
• Waterford CIC 8.1.; 3.4.; 4.4.; 17.4.; 19.4.; 23.4.; 27.4.; 14.6.
• Wexford CIC 28.2.; 19.4.

Of 85 CICs, 36 sent in Social Policy Records in January-June 2001 (42 %). Of 35 key CICs, 24 did so (this amounts to 68,5 % of key CICs).

[1] The date of the Social Policy Record is given in brackets where it is stated on the Record.