This report contains a selection of the most frequently highlighted social policy issues indicated in Social Policy Records from CICs in July-September 2001. During this period, the Comhairle Social Policy Executive received 183 Social Policy Records, and 74 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 July-September 2001 are listed in the appendix at the end of the report. While all the main issues contained in the Social Policy Records have been included in this document, it has not been possible to describe every piece of feedback because of the large number of records received.
Main issues identified
- Problems associated with the introduction and increase of the minimum wage are highlighted. While minimum wage and increases in it are very welcome developments, they should have been planned with a view to implications for benefit recipients.
- There are continuing problems for people who take up employment and hence lose all or most of their secondary benefits.
- The new requirements imposed on people who seek unemployment benefit during short periods of unemployment should be reviewed.
- The entitlement to free travel should include the use of the pass to pay reduced fares for taxi services when carrying our regular chores such as collecting pension and shopping in those areas that lack a proper public transport system.
- Means-testing for casual earnings should be uniform so that people in receipt of one benefit/payment are not in a worse position than recipients of other payments/benefits.
- The income limits for the back to school clothing and footwear allowance are too low (considerably lower than for many other payments).
- The entitlement to 14 weeks unpaid leave (before their child is five) is meaningless for parents who do not receive a wage or a social welfare payment while doing so (i.e. cannot afford to take time off work).
- The short supply and high cost of housing continue to pose a serious problem for many CIC clients.
- There is an increasing number of reports highlighting the violation of foreign workers' employment rights.
Work and Welfare
Minimum wage
Dundalk CIC (July) has highlighted some problems associated with the introduction and increase of the minimum wage. While minimum wage and increases in it are very welcome developments, they should have been planned with a view to implications for benefit recipients. Since the introduction of the minimum wage some people's working hours have been reduced to less than 19 hours per week, resulting in them losing the entitlement to Family Income Supplement. Similarly, increased wages as a result of the minimum wage have in some cases led to the loss of medical card: the end result of these changes is that some people are worse off than before the introduction of minimum wage. This does not, of course, mean that the minimum wage should be abolished: rather, it means that income limits and other conditions attached to benefits and payments should be adjusted to the minimum wage (i.e. increased).
Work disincentives created by loss of secondary benefits
Dundalk CIC has highlighted the continuing problems faced by people who take up employment and hence lose all or most of their benefits (17.5.). The loss of rent supplement in particular is problematic as rent payments absorb a large amount of earned income: Dundalk CIC (3.8.), Navan CIC (27.7.), Leitrim CIC (1.9.) and Crumlin CIC (24.7.) have pointed out that the sudden loss of rent allowance in combination with child care costs for people who take up work (or gradual loss for those who participate in CE - Scarriff CIC 31.5.) continues to be a disincentive for those trying to return to the workforce. Childcare costs have resulted in a number of clients having to turn down opportunities to work. Persons taking up part-time work are particularly disadvantaged as they often do not qualify for Family Income Supplement or BTWA where the qualifying working hours are 19 and 20 hours per week respectively (Leitrim CIC 1.9.). Scarriff CIC (4.6.) criticises the tapering of rent allowance and mortgage interest supplement for people on back to work and back to education schemes: the tapering creates a disincentive to remain on these schemes instead of acting as a propellant into long-term full-time employment.
Waterford CIC (24.7.) suggests that the £ 250 income limit which determines retention of secondary benefits should be increased because it has not been adjusted for a number of years and takes no account of increases in social welfare and community employment rates.
Buncrana CIC (6.9.) illustrates how a £ 32 increase in earnings from home help work results in reduction of £ 33 in the spouse's unemployment assistance. This is a good example of a benefit reduction that has negative consequences for both the individuals concerned and the home help system as it creates a disincentive to take up work as a home help.
Actively seeking work
Sligo CIC (July) reported a case where evidence of unsuccessfully seeking employment (rejection letters from employers) were regarded as inadequate and unemployment benefit was consequently stopped. The reason given was that the client had not applied for advertised jobs. However, most jobs in his trade are not advertised and letters in response to open applications should also have been accepted as indications of inability to find work.
Scarriff CIC (7.6.) draws attention to the new requirements imposed on people who seek unemployment benefit during short periods of unemployment. Some people who have been working during the school year and claiming unemployment benefit during the summer lay-off reported that they had been told that they need to seek full-time, year-round work, produce rejection letters from employers and consider moving elsewhere in search of work. The CIC feels that this is unfair to people living in small towns or rural areas where there are limited opportunities for full-time work.
Cobh CIC (30.7.) has pointed out that many applicants for unemployment benefit are made aware of the conditions attached too late: for instance, the requirement to produce rejection letters from employers is not precise for instance with regard to the number of letters that must be produced.
Active labour market policies
Castlebar CIC (22.6.) argues that people who have not been on the live register (not receiving benefits while unemployed or staying at home) should still be eligible to participate in Fás schemes, and suggests that excluding them is discriminatory. Under the current rules, applicants for most Fás courses must be on the live register.
Carers, Pensioners and Students
Carers
Edenderry CIC (6.7.) points out that for many carers, there is no real incentive to apply for carer's allowance as it leads to loss of any other social welfare payments they may be receiving (with the exception of some secondary payments). Most carers have no opportunity to work outside the home because of the nature of their caring work, and have therefore made a selfless choice to forego earnings in order to be able to care for a relative or a friend. This contribution to society should be recognised through a non-meanstested payment to all carers.
Free travel
Castlebar CIC (29.8.) points out that a free travel pass is of no or very limited use to people who live in areas without a proper public transport system. The CIC suggests that it should be possible to use the pass to pay reduced fare for taxi services when carrying our regular chores such as collecting pension and shopping.
Ballina CIC (20.7.) suggests that a free travel pass should be given not only to people receiving the carer's allowance, but also to the person being cared for. All recipients of carer's allowance are given the pass in addition to the allowance, whereas the persons being cared for have to apply separately.
Crumlin CIC (17.6.) calls for a temporary travel pass for people who can change from a restricted to an unrestricted pass (or the other way round). At the moment, the old pass has to be sent to the free travel section before a new one can be issued. This means that pass holders have to pay for their travel expenses during the intervening period.
Pensioners
Castlebar CIC (25.6., 26.7., 19.9., 29.8.) suggests that people in receipt of UK pensions who are currently not entitled to the Living Alone allowance should be given entitlement to this payment.
Navan CIC (27.9.) has pointed out that persons who are receiving the widow's non-contributory pension (or the deserted wife's/prisoner's wife's payment) are means-tested on all earnings over £ 6, and these earnings result in a pound-for-pound reduction in their payments. However, people on unemployment assistance are allowed more disregards of casual earnings, and the balance is assessed as 60 per cent. Navan CIC suggests that means-testing for casual earnings should be uniform so that people in receipt of non-contributory widow's pension are not in a worse position than recipients of other payments.
Students
Sligo CIC (11.7.) argues that it is unfair to means-test mature students on the basis of their parents' income. Given the high cost of renting, many mature students have no choice but to live at home, but this should not be automatically interpreted as being able to rely financially on one's parents.
Health Care and People with Disabilities
Medical cards
The fact that even very wealthy pensioners over the age of 70 get a medical card, whereas poorer under 70-year-olds often lack entitlement continues to be a source of dissatisfaction among some CIC clients, as reported by Shannon CIC (16.7.) and Castlebar CIC (25.6.). Many under 70-year-old pensioners are anxious to have entitlement to medical card due to the cost of medical services, but recent increases in pensions have pushed them above the qualifying income limit (Crumlin CIC 21.6.).
Health and social services
Castlebar CIC (July) calls for provision of more and improved support services (follow-up treatment, counselling etc.) for people who have been discharged from addiction treatment centres.
Swords CIC (24.9.) advocates an increase in the number of diseases that are included in the long-term illness list.
Disability Allowance
Scariff CIC (20.8.) says that the qualifying income limit for Disability Allowance is too low. This causes considerable worry and hardship for many people, and should be raised.
Families and Children
Maintenance payments and means-testing
City Centre CIC (7.8.) has reported that income in the form of maintenance paid by the absent parent led to a reduction in rent allowance. However, an equivalent income from part-time employment would be disregarded in the means test. This is clearly inconsistent.
Family Income Supplement
Castlebar CIC (6.6.) considers it unfair that self-employed persons cannot claim Family Income Supplement.
Back to School Clothing and Footwear scheme
Navan CIC (23.8.) has highlighted the disparity in the income limits for couples and lone parents under this scheme: lone parents lose entitlement at a lower income limit than couples, and the income limit for each additional child is increased by more for lone parents than for couples. Similarly, Sligo CIC (June, July) has asked why income limits for this allowance are so low (considerably lower than for many other payments). Finglas CIC (30.7.) is particularly worried about the loss of this allowance for people on Community Employment or unemployment payments: as these payments have increased, many parents of school-going children have lost the clothing and footwear allowance. It is suggested that the income limits should be increased as school wear is very expensive and a particular burden for low-income families.
Ballina CIC (20.7.) asks why there are inconsistencies in the means tests that are applicable to the medical card and the back to school clothing and footwear allowance. The back to school allowance means-test includes income from carer's allowance but does not include outgoings in respect of mortgage payments. In contrast, the medical card means-test excludes carer's allowance and takes account of mortgage payments.
Parental Leave
The Parental Leave Act of 1998 entitles all parents to 14 weeks unpaid leave before their child is five. Castlebar CIC (August) points out that this right to take time off work is meaningless for parents who do not receive a wage or a social welfare payment while doing so. A leave without pay discriminates against low income parents as they lack a genuine choice to use this entitlement.
Lone Parent Book
Cork CIC (12.7.) reports that some clients who had lost their lone parent books had to wait for replacements for several weeks and were refused back money for the period they did not have the book. Similar problems occur for clients who have to return the book for an alteration in payment (Cork 16.7.). This leaves clients without funds for several weeks and they have no alternative but to approach a community welfare officer.
Housing, Homelessness and Asylum Seekers
Housing
Cork CIC (7.6., 21.6.) reports that the shortage and high cost of accommodation has led to some clients having to live in overcrowded conditions.
Co. Leitrim CIS (28.7.) argues that rent supplement should be available to people on low incomes even when they work full time. The increase in rent levels has led to a situation where it makes more sense financially not to work and to receive the rent supplement, than to work and not receive it.
Rathmines CIC (28.6.) highlights the increasingly frequent problem of regular rent hikes by landlords, some of whom refuse to sign forms that would enable the tenant to apply for rent supplement. After describing problems faced by tenants on rent allowance, Waterford CIC (23.7. and 24.7.) suggests that CWOs' offices could hold a list of available accommodation where landlords take rent allowance recipients. The CIC also suggests that there could be special tax incentives against rental income for landlords whose tenants get rent allowance.
Scarriff CIC (August) points out that the tapering of rent allowance for CE workers is unfair as it creates a disincentive to remain in the scheme. Also, CE workers are not able to claim more rent allowance if their rent is increased or if they need to move into more expensive accommodation. This is clearly unfair as rent increases by landlords can be considerable and are outside the control of tenants.
Asylum seekers and direct provision
There are continuing disparities in the approach of health boards to asylum seekers who have Irish-born children (Sligo CIC June and July). While most health boards acknowledge their right to move out of direct provision, there are still cases where permission to move into rented accommodation is refused. There clearly needs to be a clarification of policy at central level.
Services for the homeless
The closure of the Homeless Unit in Dublin led to an increased number of homeless people seeking help at the City Centre CIC (22.8.). The unit should obviously be re-opened as soon as possible, as at present many homeless people have no recourse to any help.
Access, Indexing and Taxation
Access to services
Drumshanbo CIC (17.7.) has highlighted the difficulties experience by people living in rural areas who need to attend hospital on a regular basis. Due to lack of public transport these people must rely on the goodwill of relatives and friends, although they would prefer to get help with transport from the health board in order not be overly reliant on the goodwill of others.
Updating/indexing of benefits
City Centre CIC says that the diet supplement should be updated and increased in line with inflation (15.8.).
Taxation
Castlebar CIC (31.7.; August) argues that co-habiting couples are discriminated against in the tax system as they are classed as two single people and therefore cannot avail of the same tax credits as a married couple. At the same time, co-habiting couples are treated as a married couple for social welfare purposes.
Absence from country while receiving social welfare payments
City Centre CIC (20.7.) argues that current social welfare regulations re. absence from the country during holidays etc. are unfair. According to the guidelines, payments such as disability allowance are not available to persons who leave the country for short periods (for instance a 2 weeks' holiday abroad). In practice, this rule is ignored and the written rule should therefore also be changed.
Administration
Delays in processing claims
Unacceptably long delays continue to occur in the processing of various benefit claims, including claims for widow's contributory pension (Dundalk 9.5.); carer's allowance (Carlow 8.6.), pre-1953 pensions and home help (Cork 27.7.). Similarly, there are delays in processing appeals from clients who have been denied benefits and payments (Rathmines 29.8.), or who want to challenge a repayment order (Wexford 24.9.).
Pensioners who move house are obliged to re-apply for free schemes. This causes long delays and significant hardship and anguish for older people (Castlebar CIC 23.7.). Castlebar CIC suggests that a simple change of address form should be introduced in order to avoid this inconvenience.
Social welfare clients whose applications have been turned down are not always clearly informed of their right to appeal (Killarney 16.7.).
Information about benefits
Dundalk CIC (6.6., 3.8.) has pointed out that people who are entitled to a benefit (for instance to contributory widow's pension following the death of a spouse, or to one-parent family payment following separation or divorce, the back to work allowance, revenue job assist) should be informed about it automatically. This would help to prevent situations where people forgo benefits for many years because they have not been informed of their entitlement.
There are similar problems with lack of information or inaccurate information about other benefits, including the one-parent family payment (Carlow 15.6.) and family income supplement (Killarney 19.7.). Clients report some instances where it would appear that public officials do not tell clients seeking assistance about all the benefits and payments that they are eligible for, or give incorrect information, resulting in loss of income for clients (Castlebar 25.6.).
Some CICs also experience problems with getting accurate information from social welfare offices when designated information officers are on holidays (Castlebar 31.7.), and from the Health Board (Sligo CIC 9.7.).
Stillorgan CIC (7.8.) has called for reintroduction of DSCFA leaflet SW64 Guide for Unemployed Persons. While there are many other sources of information for unemployed clients, the CIC feel that this publication was particularly useful as it provided an overview and a summary of benefits that were available.
Employment
Employment rights
There are continuing problems with basic employment rights. These include unfair dismissals with no period of notice, P45 or holidays (Carlow 2.7. and 19.7.); non-payment of PRSI by employer and lack of holiday pay (Carlow 5.6. and 6.6.) closure of business and dismissal of workers followed by re-opening and hiring of new workers (Carlow 14.6.); failure to pay the minimum wage (Carlow 19.6.); failure by employers to give P45 when an employee leaves a job (Cork 17.7.); refusal to agree terms of employment regarding working hours, overtime, holiday pay and breaks (Castlebar 21.8.). The fact that employees who have been working for less than a year have no protection against unfair dismissal also continues to cause problems (Sligo CIC 25.7.).
Foreign workers in Ireland
The dire straits of some foreign workers who arrive in Ireland have been highlighted by Dundalk CIC (14.8.). In this case foreign workers who had been issued work permits arrived in Ireland only to be told by the employer that there was no work available. The information officer's attempts to contact the Permit Section of the DETE were unsuccessful, and her phone messages were not returned. Monaghan CIC (7.8.) dealt with a similar case where a non-EU national working in Ireland was dismissed when he repeatedly asked for his pay slips. While the Rights Commissioner and the Inspectorate of the Department of Enterprise, Trade and Employment was dealing with the case, the person in question was left without a work permit, money or accommodation. Monaghan CIC suggests that a system should be put in place to fast-track such complaints and that in the meantime the employee should not be deported and should have access to SWA.
We also received a number of records reporting infringement of foreign workers' employment rights including failure to pay overtime (Carlow 28.6.), non-payment of holiday pay and PRSI by employer (Clonmel 3.7. and Carlow 6.6.), refusal to sign employees' FIS form (Carlow 20.7.), wages less than the minimum wage and lack of holidays (Clonmel 2.7.). We also had reports of cases where foreign workers were asked to pay for their work permits, worked excessively long hours and were denied holiday pay (Galway 6.6.).
Galway CIC (6.6.) has criticised the fact that calls to the Department of Enterprise Trade and Employment work permits section are often diverted to an answering machine asking the caller to leave their name and number. This assumes that the callers have a phone number where they can be contacted, which is often not the case with foreign workers most in need of the service.
Many employers (and many foreign workers themselves) are not aware that people with work permits have the same employment rights as Irish nationals. Castlebar CIC (11.6.) suggests that an information campaign as well as more enforcement of legislation in this area are needed. Clonmel CIC (20.6., 2.7., 3.7.) also proposes that employers who hire people on work permits should be checked on regularly to ensure compliance with legislation
Cross-border workers
Co. Leitrim CIS (20.7.) has highlighted the position of cross-border workers resident in Northern Ireland who pay social insurance contributions in the Republic and find themselves lacking any entitlements when they become unemployed (a minimum of one social insurance contribution paid in Northern Ireland would be required in this situation). The term 'partially or intermittently unemployed' also needs to be more clearly defined as whether a person gets a payment or not hinges very much on this interpretation.
Employment appeals
Dundalk CIC feels that while the Employment Appeals Tribunal provides a fair system for employees to have their cases heard, the delays associated with appeals are unacceptably long (14.8.). Furthermore, there are no extra sanctions for employers who fail to pay awarded compensation, or unduly delay the payment of compensation.
CICs that sent in social policy returns in July-September 2001
Of 85 CICs, 32 sent in Social Policy Records in July-September 2001 (38 %). Of 35 key CICs, 17 did so (this amounts to 49 % of key CICs).
Key CICs are indicated with *
- Ballina 20.7. (2 records)
- Buncrana 6.9.
- *Carlow 5.6., 6.6., 8.6., 14.6. (2 records), 15.6. (2 records), 19.6., 25.6., 28.6., 2.7., 5.7., 19.7., 20.7., 27.7., 3.8. (2 records), 8.8., 21.8., 27.8., 28.8. (4 records), 31.8.
- *Castlebar 6.6. (2 records), 11.6., 14.6. (3 records), 22.6., 25.6. (5 records), July (2 records), 17.7., 23.7., 25.7., 26.7., 31.7. (2 records), August (3 records), 2.8., 9.8., 19.9. (2 records), 21.8., 29.8. (3 records) (58)
- *City Centre (Dublin) 20.7., 7.8., 15.8. (3 records), 22.8
- *Clonmel 2.7., 3.7., 20.6., 10.7., 13.7.
- Cobh 23.7., 30.7.
- *Cork 7.6., 21.6., 12.7., 16.7., 17.7. (2 records), 20.7., 27.7., 30.7.
- *Co. Leitrim CIS 10.7., 20.7., 24.7., 28.7., 1.9.
- *Crumlin 17.6., 20.6., 21.6., 24.7., August, 31.8.
- Drumshanbo 17.7.
- *Dundalk 9.5., 17.5., 6.6., July, 3.8. (3 records), 14.8. (4 records)
- *Dun Laoghaire 10.7.
- Edenderry 6.7.
- Fingal 25.7.
- *Finglas 30.7. (2 records)
- *Galway 6.6. (3 records), 8.7., 16.7.
- Killarney 16.2., 16.7., 19.7., 25.7.
- *Limerick 12.6., 14.6., 16.6., 23.6.
- *Longford 2.8.
- Maynooth July
- *Monaghan 7.8.
- *Navan 27.7. (5 records), 23.8., 27.9.
- Rathmines 28.6., 29.8.
- Scarriff 12.2., 29.5. (2 records), 4.6., 7.6., August, 20.8., 31.8., 10.10
- Shannon 12.6., 16.7.
- *Sligo June (10 records), 5.6., 6.6., 18.6., 21.6., July (7 records), 5.7., 9.7., 11.7., 12.7., 17.7., 25.7.
- Stillorgan 7.8.
- *Swords 24.9.
- *Tralee 7.6.
- *Waterford 17.7., 23.7., 24.7. (2 records), 4.9.
- *Wexford 13.9. (2 records), 24.9.
