Social Policy Quarterly Report January-April 2002

Introduction

This Report covers CIC Social Policy Records returned to Comhairle during the period January (See Note) to April 2002. A total of 218 records were returned by 28 CICs (see Appendix 1). Key policy issues identified in these records are being incorporated into this year's Comhairle Pre-budget Submission which is being prepared at present.

Social Policy Record Categories

Table 1 shows that the breakdown of social policy records returned to Comhairle broadly mirrors the breakdown of overall queries to CICs. Social welfare/income maintenance issues account for half of the records followed by employment (17%), health (11%) and housing (7%).

Table 1: Social Policy Records by Category

Category	N	%
Social Welfare/Income Support	109	50
Employment	36	17
Health	25	11
Housing	15	7
Consumer issues	9	4
Tax	8	4
Law/justice/equality	7	3
Education	4	2
Migration	3	1
Service charges	2	1
Total 218 100	218	100

Table 2 gives a breakdown of the main policy issues described. Employment rights issues include unfair dismissals, holiday rights, minimum wages and maternity/paternity leave. Disability payments in the context of other household income, inadequate information on entitlements and poor availability of respite care and other support services were the main disability-related concerns identified by centers.

With regard to pensions, issues in respect of pro-rata pensions, the impact of UK pensions on level of Irish pension and access to secondary benefits for recipients of payments from other jurisdictions were identified. Policy issues identified in respect of unemployment payments related mainly to delays in processing applications, broken PRSI contributions, inadequate information and alleged discourteous treatment by public officials. With regard to the One Parent Family Payment, delays in processing applications and the financial implications of participation in CE schemes were the main concerns raised.

On free schemes, inadequate information about entitlement to the schemes was the main issue identified. In the case of Child Benefit, it was anomalies in respect of entitlement for third level students. In addition to community support services for people with disabilities, the availability of services to families under stress and to older people were identified as issues. Means testing of Carer's Allowance, inadequate respite care facilities, inadequate access to Carer's Benefit for part-time workers and unclear information from the Department of Social and Family Affairs were issues identified as affecting carers. Means test issues identified refer mainly to medical card entitlement and Carer's Allowance. Issues identified in respect of CE schemes were ongoing poverty traps and lack of clarity in information provided by statutory bodies.

Table 2: Policy Issues Identified

Issue	N	%
Employment rights	25	11
Disability payments/services	24	11
Pensions	15	7
Unemployment payments	14	6
One Parent Family Payment	13	6
Free Schemes	11	5
Access to services/supports	10	5
Child Benefit	9	4
Carers' payments/supports	8	4
CE Schemes	8	4
Means Test	8	4
Private Rented Accommodation	7	3
Ethnic minorities	6	3
SWA Rent Supplement	5	2
Cohabiting couples	5	2
Third level education	3	1
Miscellaneous	47	22
Total 218 100	218	100

Selection of Case Examples from Social Policy Records

The following is a selection of case examples set out in the social policy records. It should be noted that many of the records refer to very specific individual situations and that it is not possible to present every case in this report. However, the examples set out here are broadly representative of the types of records returned. It should also be noted that the views and recommendations are those of the CIC concerned and have not been subjected to broader policy analysis.

Disability-related Issues

Social Welfare/Income Maintenance

Client in receipt of Disability Benefit (DB) for the past 6 years would qualify for Invalidity Pension (which would be beneficial) but was never told by the Department that this option was available and has, therefore, lost out on several years of more advantageous payments.

A woman called to CIC enquiring about the long term illness card. Her husband is on an Invalidity Pension and she is a diabetic. They applied for a medical card and were refused because they were €5 over the income limit.

Client reported that she had been trying for the past three weeks to get information from social welfare offices in both Longford and Dublin. The information concerned her 18 year old son who was still in full time education. She is receiving Disability Benefit but the allowance for her son had stopped without warning. The situation is that an allowance for a child for a person in receipt of short-term social welfare payment stops when s/he is 18 (application can be made for a 3 month payment). On the other hand a person in receipt of long term social welfare payment receives payment for 'the child' up until the age of 22 when they are in full time education.

Client is on Disability Allowance (DA) and goes on a FAS training course - he loses DA and receives a FAS training allowance plus a training bonus. This situation contrasts with a person on Disability Benefit who will hold on to his/her DB and get full training allowances. The explanation for this difference is that DA is means tested and DB is not since the latter is an insurance based payment.

The CIC argues that there is a case for relaxing the rule regarding the retention of DA for people receiving FAS training allowances on the basis that such training should be regarded as rehabilitative.

Client on Disability Allowance for over 6 months had completed 1 year of a degree course when she got sick. She was unable to return to full-time study and had hoped to complete her course through the Open University. She had hoped to get Back to Education Allowance but is not eligible as OU courses are not considered full time courses.

Client is in receipt of SWA while waiting for DA claim to be processed. Client was supposedly sent a letter calling her for a medical, but was in hospital at the time for 1 week. When she went to the Post Office to get her payment for SWA, she was informed her money had been stopped. She told the CIC that when she went to see CWO she was told that she was "too lazy to turn up for her medical". Client said that she tried to explain what had happened (client is also 5 months pregnant) but was told that "she would not get any money for a few weeks"

Client applied for an Orphan's Pension and was refused on the grounds that the child (age 17) had a Disability Allowance in his own right. The client felt she should be entitled to the payment as she was looking after the child.

At an information event in which the CIC participated, a parent of a child with a disability expressed annoyance at the fact that the local public health nurse had very little information about possible entitlements for her child.

The CIC in question makes the point that there is a need for health boards to provide training in information giving for their staff who deal directly with the public

Taxis for people with disabilities

A taxi driver wishing to adapt his taxi for people with disabilities was unable to access any grant towards the conversion. He made the point to the CIC that taxis will not convert because there is no encouragement or incentives and that it is not economically viable to convert without help stating that "people with disabilities can get help in adapting their own cars, why can taxi drivers not get help to carry them?"

Medical Card Renewal

The form for the renewal of a medical card should contain all the information about the applicant held by the Health Board. The applicant should be asked to confirm that the information is correct or to amend it as required.

The CIC states that this would be more user friendly and more efficient to administer for Health Boards.

Education

Mature students studying at evenings, weekends, etc. for degrees are treated less favourably than other students who have their fees paid by the State.

The CIC states that, since current policy is that everyone will require 'life long learning' in order to remain in good employment, the Government should make better provision for such students.

A 27 year old male mature student came to a CIC to see if he would be entitled to the Back to Education Allowance. He had been unemployed for a short period and then went to the USA to seek employment. After 12 months he came back to Ireland and returned to college. He is currently on a maintenance grant but gets no help towards rent etc. He feels that it is unfair that people who work and pay their taxes are excluded from BTEA. He feels that BTEA should be available to all mature students as an incentive for people to further their education.

A mature student called to the CIC regarding college fees and grants. She already had a degree and is pursuing another. She thought that, since she did not receive a third level grant the first time she was in college, as a mature student she would be awarded the grant. She was very disappointed to hear that she is responsible for her own college fees and would not get the grant. She could understand it if she had the grant previously but felt that it was very unfair that she was not entitled to the grant because she already had a degree.

Housing

Tenants living in voluntary housing schemes are paying rents with no rights. Improved legislation is required to deal with this issue.

A lone parent tenant who remained living in Local Authority Housing after her mother, father and brother had moved to a social housing scheme told the CIC that she was pressurised by the Local Authority in question to seek private rented accommodation using rent allowance.

The client and the CIC felt this action by the Local Authority seemed inappropriate and that there was a need for better protection policies in relation to such situations.

One CIC reports that there is a severe lack of social housing for families on low incomes in the area and that there seems to be an increase in the amount of homeless people. "Families who are on low incomes are severely discriminated against when it comes to renting houses in the private sector. Many landlords will not accept rent allowance tenants, and the local authorities do not have enough accommodation to house these families. As a result of this, people are being forced to sleep on the streets or in cars".

A pensioner who applied for the Essential House Repairs grant in 1999 still had no result in October 2001.

The CIC made the comment that "between the Health Board and the County Council there has been a litany of promises, procrastination and visits by officials, including a doctor. The man is in failing health and feels hard done by. Another winter has set in and the house, otherwise well kept, lacks basic sanitary services".

Local Authority Housing Tenant Purchase Scheme

In the Tenant Purchase Scheme being offered by Limerick Corporation, there is a lot of information required by Limerick Corporation to process the applications. There is an application fee and a cost to have the house valued. Two clients who visited the CIC complained that while they have paid valuation and application fees they have been turned down. The reason for refusal is at age 55+ the applicants cannot get mortgage protection and, therefore, cannot get a loan. Had this been stated on the forms, they would not have applied.

Another CIC referred to a couple who applied to buy their local authority house under the Tenant Purchase Scheme and were refused because they cannot get mortgage protection as they are both over 55.

The CIC states that Local Authority tenants may presume that if they cannot get a loan from the Local Authority they will not get it elsewhere and that, therefore, more information should be provided by the local authorities on options for loans.

Information and Planning Appeals

When a person objects to a planning application they are advised in writing by the relevant local authority as to whether planning is approved or not. If the application is not approved and the applicant appeals to An Board Pleanala, local objectors are not made aware of the appeal being made and are not notified by anyone if the Local Authority decision is overturned.

The CIC suggests that a letter to objectors, advising of further actions/developments, should be included as part of the planning application process.

Equality

A client complained to a CIC that the Gardai notified one of the public houses in his town to close because there was a traveller funeral on the way. The CIC client feels that in the first instance this is discrimination against the travelers under the Equal Status Act in that there is an orchestrated effort by the authorities to ensure they are not served. Secondly, the client raised the question as to whether Gardai have the right to order a publican to close a premises when doing so could create a situation where the proprietor might be in breach on the Equal Status Act.

A CIC reported "an influx of clients from the travelling community in relation to all sorts of queries ranging from housing to psychiatrists".

The CIC notes that these clients feel that they have not been treated fairly or equitably by social workers and other public officials and that Government agencies need to provide more training for their staff in dealing with travellers.

Refuse Charges

A pensioner whose rubbish is collected by a private contractor complained to the CIC about having to pay the full cost in contrast to the situation of pensioners living in some other Local Authority areas where there are either no charges or there are reduced charges.

Employed Family Members and PRSI

A client has been employed by her husband as a receptionist in the family business and paid PRSI up to 2 years ago at which time her husband was informed by a social welfare officer that PRSI was not payable in such circumstances. The money paid to date was refunded but the refund was not accepted by the family in question as they feel the woman should be able to pay PRSI. The client enjoys working in the family business and wishes to continue doing so but feels discriminated against because:

One Parent Family Payment and CE

A client on One-Parent Family Payment (OPFP) participating on a CE scheme queried the fact that the level of earnings (€146.50) allowed for full payment has not changed for a number of years.

The CIC notes that it would seem that the fact that there has been no change in the level of earnings allowed means that some participants on CE schemes and claiming OPFP are losing out on the recent increase in the payment that came into effect in January 2002.

Family Issue: District Court

A lone parent mother who was receiving maintenance from her ex-husband inconsistently sought redress in the courts. This was a straightforward civil matter in the District Court in which the woman could have been supported by the CIC advocacy worker. However, the district court insisted that this woman required legal representation. Since legal aid could not be availed of in time, the woman had to pay privately (€120.00)

Consumer-related Issues

One CIC has numerous queries relating to price control. The CIC states "there appears to be an 'open door' for shops, cafes etc. to charge what prices they like with current legislation inadequate to deal with the issue". The CIC also has queries relating to fee increases by professionals such as physiotherapists and doctors and questions the adequacy of price control mechanisms, particularly in the context of the Euro changeover.

One CIC reports queries about small plastic bags to wrap salads, chickens, etc., being charged for in some shops contrary to legislation.

There are different requirements between East Link and West Link Toll Bridges in respect of exemption from toll charges for people with disabilities.

Waiting Lists

A woman who is separating from her husband is considering Family Mediation but is faced with a long delay before she can get appointment.

Right to Information

In the case of a sudden death when a post mortem is held, the Coroner's report is not automatically supplied to the next-of-kin - they must request it through a solicitor or doctor - this incurs expense and may cause distress to the family at a time of great sadness.

The CIC suggests that this issue should be addressed by amending existing regulations.

Living Alone Allowance

A Living Alone Allowance is only payable if a person is receiving an Irish State pension. One CIC has had numerous clients who have returned from England and are getting UK Pensions and, therefore, cannot avail of the living alone allowance.

The CIC feels that additional provision should be made for people in this situation.

Advocacy

A young woman suffering mental ill health felt that her social worker did not provide sufficient or appropriate support at times of crisis. The woman wanted a different social worker and, also, to have access to her children 3 times a week. She put these requests in writing to the social work supervisor. She was invited to a meeting at which both the social worker and her supervisor were present. The woman requested that a CIC person also be present but this was refused. The woman felt that this was essentially unfair.

Pro-rata Pensions

A client who had a 40 year working history was told when receiving her pension forecast that she would only qualify for a half rate pension because her average of contributions was taken over her entire working life. Meanwhile, a person who started work at 55 years of age and continued until they were 65 would technically qualify for a full pension based on a 10 years working life.

The CIC states that this is a serious anomaly which needs to be addressed. The CIC further states that "there also seems to be inadequate information from the Department of Social and Family Affairs about pension entitlement where there are broken contributions".

Telephone Maintenance Charges

A client with a problem with the telephone had to pay a call out charge of €45.00.

The client felt that the privatisation of state companies has meant that private sector principles are being applied to service/maintenance and related charges and that this is causing particular hardship to those on low income and social welfare.

The CIC feels that there is a need for clarification on people's rights in this regard. For example, if the problem is with the actual line, the call out charge should not be payable Also, some waiver system should be introduced for those on low incomes.

Cashing Government Cheques

A client - a non national working here, claimed a refund of tax and received a cheque for €500 from the Revenue Commissioners. He went to a local bank which refused to cash it unless he had an account. The CIC contacted the Revenue Commissioners requesting an uncrossed cheque as payment in cash. They said they could not do this.

The CIC feels that it should not be mandatory to open a bank account in order to benefit from a government cheque and that provision needs to be made for the cashing of government cheques without the need for a bank account.

Treatment by Statutory Officials

A 53 year old man reported to the CIC that his Social Welfare payment had been suspended because he failed to turn up for an interview with a social welfare inspector regarding his efforts to seek work. He asked to speak to a supervisor to explain that he had not received a letter. The supervisor, he claims, was rude and refused to believe that that he did not receive the letter. When the CIC approached the social welfare office on his behalf his payment was restored but he was required to sign on every day for a period. When the CIC queried the fact that the regulations required that 2 letters be sent out just in case such a problem should arise, the information worker was told that there was a union objection to this and that it was not being implemented.

The CIC feels that this was a case where the social welfare recipient appeared to have been unfairly treated because of poor or inadequate administration.

A client reported that a receptionist in a Health Board office had refused to let her see a Community Welfare Officer to seek a Supplementary Welfare payment. The person described herself as being homeless. She was staying temporarily with friends. The client had no money for food and was very annoyed when she came to CIS for information. She stated the Health Board receptionist was very discourteous to her.

Home Carer's Tax Credit

Co-habiting couples cannot avail of the Home Carer's Tax Credit allowance simply because they are not married.

The CIC states that this needs to be changed because it discriminates between co-habiting and married couples.

Older People

(i) Information

One CIC reports that older people living in rural Ireland seem to be forgotten and left in a time warp. "We have had real hardship cases to deal with in our office - for example, clients with no heating, no furnishings living in uninhabitable accommodation and some with not much food. There appears to be a total lack of communication getting to these people as to what their entitlement may be as well as what other services they may avail of. Some are not aware of the 'free schemes' they are entitled to. We have applied for some schemes on their behalf with the clients having to wait anything up to 2 months for applications to be processed".

(ii) Security Alarms and Older People

One CIC has had several enquiries regarding security systems for older people. Many appear to think that a personal alarm pendant system is also a house alarm. More information should be provided when such personal alarms are being installed.

The CIC also refers to "the broader issue of house alarms for older people".

Appendix - CIC Social Policy Record Returns, January-April 2002

Some of the records included here were returned to Comhairle by CICs in December 2001 and were inputted on the Comhairle CIC Social Policy Record Database in January 2002.