Social Policy Quarterly Report July-December 2000

Introduction

This Report is based on an analysis of social policy issues identified through: (a) social policy records returned to Comhairle by Citizens Information Centres (CICs) and (b) queries (See note) to Comhairle information staff identified as having a policy feedback dimension. It covers the period July to December 2000. During this period a total of 353 social policy records were received by Comhairle from 41 CICs (see Appendix). Also, a total of 124 queries (almost 13% of all queries) to Comhairle information staff were identified as having a policy feedback(See note) dimension. A recent survey (See Note) of CIC queries found that information workers considered that 4 per cent of all queries had a social policy feedback dimension.

The issues identified refer to a wide range of individual situations where people experienced problems of one kind or another in their engagement with the social system. This Report contains a selection of these issues and related observations.

Categories of Social Policy Issues Identified

Table 1: Social Policy Issues by Category

CATEGORY	Number	%
Social Welfare	216	45.3
Employment	105	22.0
Health	39	8.2
Housing	22	4.6
Tax	16	3.3
Education	21	4.4
Consumer	14	2.9
Legal	15	3.1
All others*	29	6.1
Total	477	100

* 'All others' includes debt, migration, family issues, asylum seekers and refugees, equality issues, alarms and housing aid for older people, Freedom of Information, transport and access to services.

From Table1 it can be seen that Social Welfare accounted for 45 per cent of policy feedback issues identified. Employment was the next highest category at 22 per cent followed by health at 8 per cent and housing and education each between 4 and 5 per cent.

Social Welfare

One-fifth of all social welfare related policy issues referred to Supplementary Welfare Allowance (SWA). Of these, 61 per cent concerned rent/mortgage interest supplements.

Table 2: Social Welfare Issues by Category

Category	Number	%
Supplementary Welfare Allowance	44	20
Unemployment Assistance	36	17
Free Schemes	24	11
Carers Allowance	23	11
Disability/Invalidity Payments	21	10
Old Age Pensions	7	3
One Parent Family Payment	9	4
Widow/er's Pension	7	3
Unemployment Benefit	12	6
Other	33	15
Total	216	100

Unemployment Assistance (UA) accounted for 17 per cent of social welfare related issues, Free Schemes and Carers' Allowance for 11 per cent each with Disability/Invalidity Payments accounting for 10 per cent of issues.

SWA Rent and Mortgage Interest SupplementsSee Note

A number of policy feedback issues were identified in respect of the operation of the SWA Rent and Mortgage Interest Supplements. These referred in the main to:

• retention of supplements on taking up employment/re-entering the work force;
• access to rent supplements by young unemployed people wishing to leave the family home and establish an independent household;
• provision of deposits to rent supplement tenants;
• access to rent supplement by asylum seekers.

Rent Supplement and Employment

The following Case Examples illustrate some of the problems that arise in respect of employment and rent supplementation:

Rent supplement and part time work

The above Case Example is a good illustration of the complexity of the system and how difficult it is for an individual to work out the advantages/disadvantages of various possible courses of action.

Rent supplement and full-time employment

A young lone parent was on a rent allowance of £110 per week and consequently a total income of £202.20 including One Parent Family Payment. She was offered a full-time job with good long-term prospects on an initial pay of £230 per week. Childcare would cost £70 per week. The loss of the rent allowance and a reduced One Parent Family Allowance would leave her with an income of £198 per week after paying for child care, an actual reduction of £4 per week in disposable income (she would not be entitled to Family Income Supplement). The person, therefore, decided not to take up the employment.

Employment Issues

Two-thirds of all policy feedback issues relating to employment concerned employment rights(See Note). Sixteen per cent referred to training supports and allowances. Nine percent referred to back to work allowances or the retention of secondary benefits in such instances and 9 per cent, also, referred to issues related to Community Employment (CE) and Jobs Initiative programmes. A small number of the training issues identified referred to rehabilitative training.

Table 3: Employment Issues by Category

Category	Number	%
Employment Rights	68	65
Training	17	16
CE/Jobs Initiative	9	9
Back to Work	9	9
Other	2	2
Total	105	100

The rights issues identified referred in the main to non-compliance with employment legislation, employees having difficulty enforcing their rights in respect of conditions of employment, wages, holiday entitlement and/or being given incorrect information about their rights by employers. Many employees were reported as not having terms and conditions of employment set out in writing as required by legislation.

CICs in different parts of the country report workers not receiving payslips and experiencing difficulty in getting P45s on cessation of employment. The latter problem frequently arose when workers were 'let go' as a result of a dispute with the employer over matters such as holiday pay or sick leave. Bullying and workplace harassment also continue to be identified as issues.

The key issue in many of the situations identified is workers not knowing their rights and/or feeling unable to assert these rights in particular work settings.

Minimum Wage

A number of instances were identified where the minimum wage was not being paid. On some occasions employers were reported as adopting a 'take it or leave it' stance when approached on the matter by workers. Some workers referred to an inference by some employers that there were plenty of 'foreigners' who would be happy to take the job.

Work permits

There is a growing problem in respect of EU non-nationals coming into the country on work permits and then finding that they are unable to enforce the contracts or agreements they understood were being offered. The following Case Examples illustrates this issue:

An Eastern European with a work permit came to Ireland on the basis of a clear understanding that he had a job offer at production managerial level at a salary of £18,000 - £22,0000. When he arrived to take up the position he was offered a job as production operative at a much reduced pay of £10,000 per annum.

A group of Malaysians came to Ireland to work in a hotel. They signed 2 contracts, one in Malaysia and one in Ireland. The one signed in Malaysia stated that their accommodation is live-in and that they pay £15 per week for heat and electricity. The contract signed in Ireland stated that rent is payable at £15 per week and that they are responsible for utility bills themselves. The £15 per week is deducted from their wages but does not appear on their payslips. The work hours required by their contracts are in breach of the Working Time Act. Initially, the accommodation provided was a 3-bedroomed house for 15 people.

While they are free to leave the employment, there is a delay of 4-5 weeks in issuing work permits for a new employer - this would be longer if the current employer failed to return permits immediately on their leaving the present employment. The workers were concerned that if they left the employment they would be without accommodation.

An asylum seeker from the Ukraine with permission to work cannot get any agency to verify his qualifications -a College Diploma in Electrical Engineering. The CIC contacted FAS, the Department of Enterprise, Trade and Employment and the Department of Education and none can verify his qualifications or direct us to where we could get such verification. This is preventing this person from getting work even as a line operative in a factory.

Jobs Initiative Programme and people with disabilities

This programme is regarded as not being beneficial to people with disabilities because there are no part-time work options available under the programme. The 39-hour week requirement does not allow for retention of benefits which would be necessary for many people with disabilities. Also, the point was made by one CIC that the reduction of places available on CE is reducing the work options available to people with disabilities as the 20 hours CE working week meets the rehabilitative work requirement for retention of payments.

Other employment-related issues

Other employment issues identified were:

• The lack of transport in rural areas affected people's ability to avail of employment opportunities in local towns - this was regarded as particularly problematic for people who were coming under pressure from the Department of Social, Community and Family Affairs to take up work;
  
• A worker was deducted wages for a number of days when unable to get to work because of severe flooding - there is no legislative provision governing such situations;
  
• Employers had no protection in cases where an employee left without giving any notice in contrast to the situation where the employee must get notice or payment in lieu.

Health

The main policy issues identified in respect of health services referred to Medical Card eligibility. Other issues identified related to:

• home helps
• inequities in the Drugs Refund Scheme
• difficulty with access to dental treatment for a child
• non-availability of counselling service
• lack of transport to health and hospital services.

Medical Card Eligibility(See Note)

Medical card income guidelines are increased in accordance with the Consumer Price Index. However, such increases have not kept pace with income increases arising out of (i) increases in social welfare(See Note) payments in recent years, in particular for those aged 65 or over and (ii) minimum wage legislation.

Social welfare increases and Medical Card eligibility

As a result people are now ending up in a situation where an increase in a social welfare payment means loss of Medical Card eligibility.

This following examples illustrate this point:

A 64-year-old man on Invalidity Pension received a payment of £81.00 which was below the medical card income threshold of £93.00. On reaching his 65^th birthday his payment will increase to £96 thus exceeding the threshold which would not increase until he is 66.

A particular problem also exists for people in the 66-69 years age bracket as the following case examples indicate:

A married couple both on full Contributory Pension received £96 each, a total of £192 which was £41 above the income limit for eligibility.

A married person in the age range 66-69 on Contributory Old Age Pension living with a Qualified Adult in the same age range received a total payment of £160.60. The income threshold for the Medical Card for that age range was £151.00. This couple would have been within the income guidelines up to May 2000.

A person on Invalidity Pension aged over 65 and living with a qualified adult aged over 66 received £96 plus £58. A total of £154 per week which was £3 above the income for eligibility.

A single person aged 68 years on a Contributory Pension living with a family received £96 which was £8 above the income for eligibility for a single person living with a family.

A couple aged 66 years had a combined income of £209 per week from an Old Age Pension and a small private pension which was £58 above the income for eligibility. Both had medical problems and on appeal one of them received a Medical Card on hardship grounds but the other was refused.

The Medical Card Income Guidelines need to be increased, in particular for social welfare recipients under 70, in order to avoid a situation where people become ineligible for Medical Cards as a result of receiving standard social welfare payment increases.

Minimum wage legislation: implications for Medical Card entitlement

A problem of Medical Card eligibility has also been identified in respect of increased earnings as a result of minimum wage legislation.

It appears somewhat strange that a part-time worker in receipt of the legal minimum wage exceeds the income threshold for Medical Card eligibility. The threshold needs to be raised so that someone on minimum wage is not ineligible for a Medical Card given that fear of losing entitlement to the Medical Card is widely regarded as a disincentive to people taking up employment.

Medical Card eligibility and income from savings

There were also a small number of instances identified in respect of loss of a Medical Card as a result of inheriting or receiving money as a gift, as the following case example illustrates;

Rehabilitative Employment and Medical Cards

The following issues were identified in respect of rehabilitative employment:

• A person on Disability Allowance or Blind Person's Pension can earn up to £75.00 per week if the work is considered by DSCFA to be of a rehabilitative nature without affecting his/her payment. This would give a total income of £152.50. If the work is not part of an employment scheme the individual will be means tested and is likely to lose his/her Medical Card.
• A person on Invalidity Pension or Disability Benefit (DB) can similarly work for a maximum of 20 hours and retain his/her payment. If paid the minimum wage of £4.40 the total income would be £169.10 (£165.50 for DB) and the person may no longer be eligible for a Medical Card.
• Given the benefit to the individual's health of such therapeutic work and society's wish to reduce the number of unemployed people with disabilities the income threshold for Medical Cards needs to be raised to remove this barrier to people with disabilities who wish to pursue employment of a rehabilitative nature which may in due course lead to more permanent, non-supported employment.

Eligibility for Medical Cards: family based assessment

The assessment for medical cards is currently family based and ineligibility means that the whole family loses entitlement to a Medical Card. A form of graduated means test is required to cater for situations where the total family income is only marginally above the income guidelines. In such situations the children should be considered eligible for a Medical Card. The following Case Examples illustrate the issue:

Medical Cards Appeals Process

A number of instances arose where the absence of a statutory appeals system in respect of medical card entitlement was raised. There also appears to be an absence of clear information on existing appeals procedures. While a decision can be appealed to the Medical Card Section in the local Community Care Area and a further appeal can then be made on hardship grounds to the Complaints/Appeals Office of the Health Board, there do not appear to be any written guidelines as to how Medical Card appeals on hardship grounds are to be processed by Health Board Complaints/Appeals Offices.

The key question was raised by one CIC:

How is an individual with a problem because of additional expenses incurred as a result of sickness or disability whose application for a medical card has been refused supposed to know where to go and how to make their case?

Home Help

The following case example was given by a CIC in relation to the home help service:

A man took early retirement to look after his spouse who suffers from dementia. He applied to the Health Board for a home help but was turned down on income grounds. He was prepared to pay the Health Board for the service but was told that this could not be arranged. His brother whose family circumstances are broadly similar lives in a neighbouring county in the same Health Board area where the home help service is organised by a voluntary organisation on contract from the Health Board. The brother is in receipt of a home help service for which he pays the agency in full.

This Case Example suggests a basic inequity in access to a home help service even within the one Health Board area.

Housing

A key housing issue identified related to the difficulty many people were experiencing in accessing housing. Local authority waiting lists are reported as getting longer and, as one CIC put it, "private housing is way out of reach of many people on low wages". There were a small number of instances of people being reported as living in totally unacceptable and overcrowded conditions and yet unable to get local authority housing

Many of the housing related issues concerned the private rented sector. In addition to issues arising out of the operation of the rent supplement scheme, referred to above, the problems identified relate, for the most part, to existing legislation for the protection of tenants not being implemented or monitored. Substandard conditions continue to be reported.

A number of instances were reported in respect of repairs to and maintenance of local authority rented accommodation, as the following Case Examples illustrate:

A basic shortcoming of the Shared Ownership Scheme was identified by a number of CICs.

There were also a number of issues relating to repairs and maintenance schemes for dwellings occupied by elderly persons (See 2.6 below).

Local Authority Rent Increases

A number of instances were reported where increases in social welfare payments were effectively negated by increases in local authority housing rent. This was, as would be expected, regarded as both unsatisfactory and somewhat discourteous to the people involved.

Asylum Seekers and Refugees

A number of CICs identified issues in relation to asylum seekers - specifically the quality of hostel accommodation, lack of clarity about their entitlements, differing access to SWA rent supplement, inadequate complaints procedures and waiting time and distance to legal aid services.

Refugee Status and Employment

Older people

The needs of older people continue to emerge as policy feedback issues. In addition to the Medical Card eligibility already referred to, there were issues identified in respect of:

• access to grants for security, alarm and monitoring devices;
• length of waiting time for house improvements under the Task Force on Special Housing Aid for the Elderly Scheme and other repair schemes;
• aids and appliance in the home;
• access to free travel.

Problems were reported in respect of alarm systems for older people. The reality appears to be that the operation of the scheme is somewhat haphazard. Some community groups seem to have adequate funding and are usually in a position to provide an alarm on request while other groups seem to be have totally inadequate funding to meet the demand. Also, some groups charge an installation fee while others do not.

OneCIC described the problem as follows:

The DSCFA is slow in paying out grants for the installation of social monitoring devices and it will therefore be 2001 before this (2000) year's applicants see progress. This is particularly distressing because most applicants are elderly and are acutely aware of attacks on their contemporaries. Social monitoring devices like alarm pendants and security equipment such as lights and locks are often beyond the means of pensioners. It is difficult for voluntary organisations to undertake the provision of such equipment out of their own resources and then have to wait for the Department to pay out the grant. The result has been that many organisations no longer operate the scheme. Also, it should be possible for the monitoring fee for the social alarm pendant to be included as an additional payment with Non-Contributory Old Age Pensions.

Housing Repairs

On the issue of housing repairs, the reality, as reported by a number of CICs, is that under the Special Housing Aid for the Elderly Scheme, health boards receive considerably more applications each year than they can actually fund under the allocations from the Department of Environment and Local Government. This results in lengthy waiting lists in some areas for what are assessed as non-emergency repairs and maintenance. For example,

An elderly woman applied to the Health Board for assistance under the scheme but after 3 months had heard nothing. When she contacted them again, they were, she told the CIC, 'vague and elusive'.

A small number of instances were also reported where there were problems and delays in respect of the Essential Repairs Grant operated by local authorities, as the following Case Example illustrate:

An elderly couple on social welfare pension had a leaking flat roof in their house and applied to the Local Authority for a grant. They were told that there was no money available and given no other information

Aids/Appliances for Elderly Persons

The following issue was identified in respect of funding for aids and appliances for elderly persons.

Free Schemes

Free Travel Companion Pass

This issue was identified in a number of instances as is illustrated by the following examples:

Fuel Allowance

The total inadequacy of the fuel allowance was referred to by a number of CICs who reported a total incomprehension on the part of some users that there had been no increase in the amount of the payment for many years. A view was also expressed that the free fuel allowance should become a universal payment for all persons over 75 years.

Free Travel

The absence of public transport in rural areas continues to be identified by CICs as a significant issue.

2.8 Carers' Payments

Carers Allowance: Assessing Means

There appears to be an anomaly in the assessment of means for the Carer's Allowance as is illustrated by the following Case Example.

The husband receives the Carer's Allowance for looking after his wife who receives the Disability Allowance. They have no other means at present and each receives the maximum relevant payment. However, the husband will soon be entitled to a UK retirement pension. If he claims the pension, half of it will be assessed against his Carer's Allowance and half against his wife's disability allowance - there is no disregard. However, if the wife was the person receiving the UK pension, the first £96 would be disregarded.

As the CIC that raised this issue put it, "it is a matter of luck as to whether people can benefit from the disregard if they find themselves in situations similar to this".

Shortcomings of Carer's Allowance Provision

A basic shortcoming of the Carer's Allowance provision was identified in relation to its role in supporting care for older people in the community:

A woman has 1 hour home help per day provided by the Health Board. Another woman provides occasional additional help on a limited basis which is paid for by the family. This woman would be eligible to claim the Carer's Allowance and thereby provide more extensive care but it would be means tested against her husband's income.

Carer's Allowance and Respite Care Grant

It would seem to be only fair that everyone in receipt of a Carer's Allowance in the same year should receive the same respite grant.

Carers' Benefit

The Carers' Benefit was introduced in October 2000. Inherent shortcomings of this scheme were identified, as follows:

Since no corresponding employment legislation was introduced many people who so wish may not be able to get the time off work;

There is a difficulty in that the payment is for a limited period of 15 months and, if the person being cared for requires ongoing care, as would sometimes be the case, the carer could not 'just walk away from the situation'.

One CIC reported a situation where a person who had given up work to care for a terminally ill son 12 months previously, and who was not entitled to the Carer's Allowance, felt that she should be entitled to claim Carer's Benefit retrospectively. However, no such provision exists.

Other issues

The following is a selected sample of other issues identified during the course of the analysis:

Tax relief on medical expenses

Other tax issues identified

Where a person pays maintenance for a child from a previous relationship he/she does not receive a tax allowance for such payments.

Child Benefit is not taxed when a parent is in receipt of Disability Benefit but is taxed when the payment is an Invalidity Pension.

A single woman on a private pension who cares full-time for her mother who is disabled is not able to avail of the Carer's Tax Allowance.

Income limit and secondary benefits

The £250 weekly income limit for the retention of secondary benefits when on employment schemes has not been increased since it was introduced. Budget 2000 amended it by disregarding Family Income Supplement (FIS) and Back to Work Allowance (BTWA) income in the assessment but this had no effect for those on CE schemes. As the CE rates increase some lone parents exceed the limit and lose secondary benefits. In one case a lone parent with 3 children had an increase of £3 a week when CE rates of pay increased or £156 a year and lost the Back to School Clothing and Footwear Allowance for 3 children worth £189. The difficulty is exacerbated by childcare costs.

Income limits cut off

Related to the above issue, the income limits for the Back to School Clothing and Footwear Allowance are very strict. If income is only £1 over the income limit or £250 (whichever is applicable) there is no payment at all. There is a strong argument for a tapered or half rate payment for low income families or those who are taking up work.

Tax relief on pension contributions

Employees contributing to occupational pension schemes are precluded from either contributing to other schemes or from availing of the additional tax relief thresholds introduced in the Finance Act 1999. Self-employed people and those in non-pensionable employments can get relief on contributions up to 30% of their income, depending on the age at which they are making contributions.

Many employees contributing to occupational pension schemes will not have a full record of contributions at retirement age, due to having entered pensionable employment relatively late in their working life, e.g. previous non-pensionable employment, unemployment or interrupted employment (particularly women). It seems inequitable that these employees cannot provide adequate pension cover for themselves on the same basis as others, particularly in the light of the general policy to encourage pension provision.

Civil Legal Aid

The following Case Example illustrates a problem in respect of eligibility for Civil Legal Aid

A lone parent with three children and working on a CE Project whose children had been taken into care applied for Civil Legal Aid and the means test was carried out as follows:

Per Week

Income: One Parent Family Payment £123.10

Income: Community Employment £136.35

Total £259.45

Means Test For Legal Aid.

Disregards:

Three children @ £668 each = £2004 £38.53

Council Rent £11.50 £11.50

Hire Purchase £602 £11.57

Income Tax ( Claimants liability) £8.80

TotalDisregard £70.40

Disposable income (£259.45 minus £70.40) £189.05

Maximum disposable income allowed to get legal aid: £7350 £141.34

The person thus failed the Means Test.

Income while in residential care

People going into residential full-time care retain existing social welfare payments and, although most of the payment goes to the health board for maintenance, the patient may retain 20% as 'pocket money'. There are still a number of people who would have been on Disabled Persons' Maintenance Allowance (DPMA) and lost their payment when they went into residential care. Since they are not currently eligible for Disability Allowance (DA), it is recommended that DA be extended to this group, who have no entitlement to any income at present.

Class S Social Welfare Contributions

The fact that Class S contributions by self-employed people do not cover disability or sickness was raised as an issue on a number of occasions. This was regarded as problematic in view of the growing number of people engaging in contract work as self-employed persons.

Widows/widowers

A number of CICs raised an issue in respect of the relative position widows and widowers under 66 years who were entirely dependent on social welfare and who are not entitled to either a living alone allowance or free schemes.

Higher Education Grants Scheme

People in part-time work are normally not in a position to attend full-time courses and, therefore, in many instances cannot avail of the Higher Education Grants Scheme. Also, as they are only working part-time they are unlikely to be able to pay the fees charged for part-time or distance learning undergraduate courses run by institutions approved by the Department of Education and Science for the purposes of the Higher Education Grants Scheme. The Higher Education Grants Scheme should, therefore, be extended to allow individuals working less than 30 hours a week have their fees paid provided they conform to the standard income limits of the scheme.

Anomalies and gaps in provision

A number of ongoing anomalies in the social welfare system have been identified, as illustrated by the following Case Examples:

A woman aged 64 years has worked part-time for the past 3 years and earned £70 per week. Her husband received a Contributory Old Age Pension and she received a Qualified Adult Payment of £60.20 per week. The woman has now acquired a disability and finds it difficult to work. While she would be entitled to claim Disability Allowance, she would lose the Qualified Adult Payment as a result.

A widower was in receipt of a One Parent Family Payment and had part-time work earnings of £40 per week. He received a Child Dependant Allowance(CDA) for his 20 year old son attending a 2-year course in third-level college. This allowance for the son ceased at the end of his first year in college without explanation. This meant that the man also lost the One Parent Family Payment and was put on a reduced Non-Contributory Widower's Pension of £49.20 per week.

A woman who worked as a cleaner in a school was let go during Summer months. In the past she would have been able to claim Unemployment Benefit(UB) during this period. However, this Summer (2000) the Department insisted that she should systematically be seeking work in order to qualify for UB.

Issues Relating to the Administration of Services

Despite various measures and initiatives introduced in recent years, the way services are administered continues to be identified as a policy issue. The issues identified refer in the main to:

• delays in processing and applications and appeals;
  
• inadequate provision of information by public bodies; and
  
• people reporting being treated discourteously or inappropriately by public officials.
  
• unemployed people in receipt of Unemployment Assistance (UA) feeling that being unfairly and unduly pressurised in respect of showing evidence of seeking employment (with UA being stopped in some such instances);
• inadequate communication and liaison between various DSCFA offices(See note);
  

Delays in Processing Applications

There are considerable delays reported in respect of the processing of claims for some social welfare benefits. Cases reported by CICs referred to applications for One Parent Family Payment, Carer's Allowance, Maternity Benefit, Disability Allowance, Free Schemes, Unrestricted Travel Pass, Free Travel Companion Pass and Living Alone Allowance. Delays of over 6 months were reported in some instances. The following Case Example illustrates some of the problems encountered by applicants:

A woman applied for One Parent Family Payment at the end of March 2000. (All support documents specified were included with the application). A social welfare inspector made a home visit and requested another copy of a birth certificate for one of the children involved and confirmed that everything else was in order. However, two weeks later the woman received a letter from the Department requesting a long version of a birth certificate for a second child and, also, a copy of her Maintenance Order, both of which were supplied.

Delays in Processing Appeals

A related issue concerns the length of time taken to process appeals against decisions to refuse applications for social welfare benefits. For example,

Problems Experienced by Citizens in Dealing with Public Officials

A number of instances were identified where CIC users reported that they found the approach of public officials unhelpful, unnecessarily intrusive or discourteous. Such complaints usually arose in circumstances relating to:

• part-time work and social welfare;
• family breakdown and separation;
• lone parenthood and alleged cohabitation;
• young people leaving the family home to move to independent accommodation and avail of the SWA rent supplement.

Lone Parents

A recurrent issue related to lone parents complaining about the way they were treated by public officials when they went to seek information and related benefits. CICs acknowledged that public officials had a difficult task in assessing people's situation equitably and fairly.

One CIC suggested that the following basic guidelines should be applied by public officials dealing with people in one parent family situations:

• Is there a compassionate response to the emotional strain that the person may be going through after the break-up of a relationship?
  
• Is there a sensitivity to the financial, physical and emotional pressures on a lone parent of maintaining a normal and happy home environment for the child/children?
  
• Is care taken to ensure that the approach taken by officials does not act as a disincentive for the second parent to visit the children regularly?
  
• Is all relevant information on options and supports provided?
  
• Is the person given the benefit of the doubt?

There were a small (but disquieting) number of complaints by CIC clients about inappropriate behaviour by public officials.

One referred to an early morning home visit without any prior notice by a Social Welfare Officer to the home of a woman in receipt of an Invalidity Pension to advise her that she should change to Old Age Contributory Pension.

Another instance referred to a woman who was in the process of separating from her husband and had moved out of the family home telling the CIC that she had been told by a Community Welfare Officer that she should 'go back to her husband'.

The following Case Example refers to the Community Welfare Officer (CWO) service:

A woman called to the CIC in a very distraught state. Her young son had died tragically and she had gone to the Health Centre with a view to meeting a Community Welfare Officer to seek assistance with the cost of the funeral. She was dealt with by the porter who told her that there was no one available to talk to her and that she should return some days later, the day in fact that her son's funeral was to take place.

Standard proof of income

Some CIC clients reported difficulties in relation to the standard proof of income required to claim some benefits. This is particularly the case where spouses have separated, and either no formal agreement between them exists, or where income support from the spouse who has left the family home is sporadic.

Access to Information

Ongoing gaps in the provision of information by public bodies were identified with the result that in some instances people did not get benefits to which they were entitled. In some of these instances there was no provision for back payment. Some CICs pointed to delays in getting information under the Freedom of Information Act. There were some cases reported which suggests a passive rather than an active approach to information on the part of some public officials.

People with disabilities

A CIC drew attention to the following experience of a client seeking information on support services for a child with a disability:

Another issue relating to people with disabilities identified by a number of CICs related to information on benefits and payments. There was instance where a person in receipt of a Disability Allowance was not informed at age 66 that she could transfer to the Old Age Non-Contributory Pension. Another instance was a person with a disability who was receiving Unemployment Assistance but was not informed that he would be entitled to Disability Allowance. A further instance was a person on Disability Benefit who was not informed of possible long term entitlement to Invalidity Pension.

Back to work

Social welfare payments: change in payment method

Bereavement Grants

A number of CICs identified a problem about information on Bereavement Grants particularly in the case of next of kin who take responsibility for the burial of relatives who have lived in institutions and have no PRSI contributions. As one CIC put it, "we know that you can go to the Community Welfare Officer, but how is an Old Age Pensioner supposed to know this".

Analysis of Issues Identified by CICs

The following broad areas arise out of the analysis of policy issues identified which need to be addressed:

• There are ongoing and emerging anomalies and inconsistencies in the social welfare system which result in both inequities and disincentives.
  
• The social welfare system is becoming ever more complex and it is becoming increasingly difficult for individuals in multi-faceted situations to understand clearly their entitlements and rights.
  
• There are some categories of people, e.g. widows/ widowers under 66 years, who are reliant on basic social welfare payments and who do not have general entitlement to free schemes and who may be poor by current standards.
  
• People who have no income other than basic social welfare, e.g. those on Unemployment Assistance, Pre-Retirement Allowance or Widow/er's Pension find it difficult, not surprisingly, to pay for basic necessities like house repairs/maintenance and public transport.
  
• The cost of child care continues to be a significant issue, particularly in the case of low income households and people in receipt of the One Parent Family Payment wishing to return to work.
  
• Social welfare increases are sometimes negated by local authority housing rent increases or loss of medical card entitlement.
  
• People entirely dependent on social welfare payments or earning only the basic minimum wage frequently find that their income is above the threshold for Medical Card eligibility.
  
• There is a need for greater clarity of information by statutory bodies at the point of contact with the public. This is particularly true in relation to procedures for appeals.
  
• The time taken in some instances to process applications and appeals is unsatisfactory and creates difficulties for people in this interim position.
  
• There is a growing problem in relation to clarity about the rights of asylum seekers, people with refugee status and people who come to Ireland on the basis of work permits.
  
• Housing problems, particularly in the private rented sector and especially in relation to access to rent supplement, continue to feature significantly in policy feedback issues identified.
• The non-enforcement of employment protection legislation continues to be a significant issue for people at the lower end of the jobs market.
  
• A number of problems arose out the changes introduced by Budget 2000. Some of these changes were not sufficiently well communicated 'down the line' and/or resulted in new anomalies and difficulties.

General Comment

The identification of social policy related issues from queries presented by the public is an important part of the policy feedback role of Comhairle. Basic inequalities in access to services continue to be identified. The issues refer in the main to individuals living in usually complex sets of circumstance. Many of these individuals are on the margins of society and are caught in work-welfare traps. The overall picture that emerges is a continuing mismatch between an evolving and developing social services system and a wide and disparate range of individuals trying to cope with sometimes difficult and uncertain life situations.

Many of the instances referred to in this Report can be addressed by a pro-active response by public agencies. While much has happened in this regard in recent years, the number of instances and situations where the relationship between the citizen and the State is less than satisfactory remains significant. It is reasonable to assume that an appropriate response to the situations identified is more likely where there is active advocacy by or on behalf of individual citizens and groups. It is evident from the variety and number of case examples submitted to Comhairle that CICs have a key role to play in promoting such advocacy both at the individual level and at the level of policy feedback and should expand their services accordingly. There is in fact a strong inter-relatedness between advocacy and policy feedback.

There are other more deep-rooted issues relating to welfare provision in the context of gender, ability/disability, age and social class which are more difficult to address. Further analysis of these more fundamental issues is required, some of which, it is envisaged, will be, undertaken by Comhairle during the coming year. Ongoing quality feedback from CICs will be essential in this regard.

APPENDIX - SOCIAL POLICY RECORD RETURNS, JULY - SEPTEMBER: LIST OF CICs

• Ashbourne
• Athlone
• Ballina
• Blackrock
• Blanchardstown
• Buncrana
• Carlow
• Castlebar
• Cavan
• City Centre/Dublin
• Clondalkin
• Clonmel
• Cork
• Crumlin
• Dundalk
• Dun Laoghaire
• Finglas
• Galway
• Kenmare
• Kilkenny
• Killarney
• Leitrim
• Limerick
• Longford
• Mayfield
• Maynooth
• Monaghan
• Mullingar
• Naas
• Navan
• Northside
• Portlaoise
• Shannon
• SICCDA
• Skerries
• Sligo
• Swords
• Tralee
• Waterford
• Wexford
• Wicklow

Footnotes