Social Policy Quarterly Report May-September 2002

Background and Context

Over the past decade significant socio-economic changes have altered the context in which the Citizen Information Centres (CICs) undertake their work. There has been a very rapid increase in economic growth in the 1990s, accompanied by a significant fall in unemployment and a cumulatively large rise in average incomes and living standards. However, Government policies in recent years have had marked consequences for the poorest groups in Irish society. For example, the net effect of rapidly rising average incomes, combined with the trend of Budgetary policies in social welfare and taxation has been to widen the gap between those with the highest and the lowest incomes, and significant proportions of the population remain poor, despite general prosperity (Nolan et al, 2002).

The most common approach to measuring poverty has been to derive a poverty line based on proportions of people's average income. In studies carried out by the Economic and Social Research Institute (ESRI) the generally accepted poverty line is fifty per cent of average income adjusted for family size and composition. Table 1 illustrates the fact that 20.9% of persons in Ireland now have incomes below this poverty line compared to 17.4% in 1994. The number of households with incomes below this line has also risen from 18.6% in 1994 to 25.8% in 2000.

Table 1: Percentage of households and persons falling below relative income poverty lines 1994-2000

Poverty Line	Households %				Persons %
	1994	1997	1998	2000	1994	1997	1998	2000
40 per cent line	4.9	6.3	10.5	11.8	5.2	6.3	9.1	9.9
50 per cent line	18.6	22.4	24.6	25.8	17.4	18.1	19.9	20.9
60 per cent line	34.2	34.3	33.4	32.9	30.4	30.1	28.6	28.3

Source: Nolan et al (2002) p19 (See Note)

Only governments can tackle the underlying structural problems that contribute to poverty and inequality, however the free and independent advice and support provided by CICs can enable people to overcome and resolve the practical problems they confront in their daily lives. People experience feelings of exclusion and powerlessness when they are unable to exercise their rights and entitlements or in circumstances where their rights are compromised. The information, advice and advocacy work carried out by the CICs plays an important role in helping people to overcome these feelings of exclusion and contributes to a fairer and more inclusive society. Very often the intervention of a CIC can either prevent a crisis from taking place, or at the very least can help people to work through and deal with the problems that confront them. The data that flows from this work allows Comhairle an opportunity to focus on the nature of the problems that bring people to CICs. It also provides a very valuable insight into where policies and practices are failing and where reform is most urgently required.

Comhairle seeks to publish submissions and research reports that reflect the policy related experiences of CIC users and information providers. Pre-budget submissions prepared annually by Comhairle draw significantly on the policy issues identified by CIC records. In July of this year a social policy report entitled Supporting Carers (See Note) offered a full appraisal of the needs of family carers in Ireland and summarised a number of policy recommendations. An earlier report on Employment Rights (2000) (See Note) provided a comprehensive overview of the legislation in this area and outlined a number of proposals relating to the implementation and enforcement of employment legislation. A forthcoming discussion paper prepared jointly by Comhairle and Threshold will contribute to the ongoing debate on rent supplement in the private rented sector and its role in enabling low income households to secure accommodation.

Introduction

This report draws on the data contained in a wide selection of Social Policy Records returned by CICs in the period May to September 2002. During this time 37 CICs returned a total of 288 records concerning a range of social policy issues (see Appendix). While it lies beyond the scope of this report to document each individual record, the issues outlined below under various headings broadly represent the types of issues consistently arising in the Social Policy Records returned by CICs. It should also be noted that the views and/or recommendations of CICs contained in this report are those of the CIC concerned and have not been subjected to any broader policy analysis.

Health

The social policy records generally reflect the multi-faceted nature of health issues and the fact that an individual's health status in Irish society is influenced by a range of factors including age, place of residence and socio-economic status. The records also reflect the recent fall in the percentage of the population covered by the medical card from 36 per cent in 1995 to 31 per cent in 2000 (See Note). This declining coverage raises questions about the income eligibility thresholds applied and whether these have kept pace with rising incomes over the past decade. The problem of medical card income thresholds increasing at a disproportionately lower rate than social welfare increases is a recurring problem for clients in receipt of a range of welfare payments.

Essential aids and appliances

A client with a disability was assessed and approved for essential aids and appliances by the Health Board in March 2002. The items ordered by the Health Board in April 2002 included a made to measure wheelchair and a customised bed. Five months later the client had still not received these items. The CIC argue that such delays are unacceptable especially in a context where the Health Board has deemed the items essential.

Long term illness scheme

One CIC tells of a client whose medical condition resulting from an accident is not categorised as a long term illness even though the client will have an on-going requirement for specialised medical equipment and supplies. The Department of Health and Children have resisted adding any extra medical conditions to this scheme. The CIC argues that the prescribed medical conditions listed by the long term illness scheme need to be reviewed and extended.

Medical card qualifying criteria

An anomaly inherent in the system is highlighted by a CIC which reports that students aged between 16 and 25, who are financially dependent on their parents are not entitled to a medical card unless their parents also hold a medical card. Yet, a single person, aged up to 66 years living with his/her family can have an income of €117 per week and still qualify for a medical card. The CIC argues that one of the most common barriers to students effectively responding to their health needs is lack of finances. It is suggested that all full time students aged between 16 and 25, whether living at home or independently, should be able to make a claim for medical benefits in their own right.

The income eligibility thresholds for the medical card are set too low according to a CIC, which cites the example of a client with an acquired disability who is claiming invalidity pension. The client is also entitled to a small disablement pension of €50.79 per week from their previous job and so is deemed to be over the means level for the medical card. The CIC wants to see income eligibility thresholds for medical cards keep pace with increases in welfare payments. In a Dail report dated February 6^th 2002 the Minister for Health and Children Micheal Martin T.D. is reported as saying, "My Department has advised the Health Board Chief Executive Officers that medical card holders will not lose their cards on account of the record increases in social welfare rates announced in the Budget" (Oireachtas home page). Health Boards can exercise discretion in cases of hardship but it is not always clear how they use it and neither is there any uniformity of approach across health board regions.

Community care

A number of CICs highlight the need for improved access to core community care services. Services like home help and paramedical services (such as physiotherapy and speech therapy) because they lack a legislative basis are ad-hoc and non-existent in certain areas. In line with the recommendations contained in the report Supporting Carers (2002) and in the absence of a rights based approach to community care services, CICs call for consistency in service delivery across all Health Board regions.

Mental Health

A client who complained of discourteous treatment by a mental health consultant illustrates the very vulnerable position of people experiencing mental health problems and the urgent need for advocacy work in this area. The client who suffers from depression alleges that she was ‘threatened with committal' by the consultant in the course of a telephone conversation. The client went on to say that were she to make a complaint via the internal complaints mechanism of the hospital in question, this would not be taken seriously because of her mental health status. The CIC attempted but was unable to contact the Mental Health Commission (established by the Mental Health Act 2001). The CIC argue that if the role of the Commission is to promote and foster high standards and good practice in the delivery of mental health services in Ireland then it should have a more public face and be more accessible to the general public.

Carers

Based on the experience of a CIC client who is having difficulty in accessing respite care for a family member the point is made that the needs of carers are not explicitly recognised or sufficiently supported by the state. The problems experienced in securing appropriate respite care are well documented in the report on Supporting Carers (2002), which calls for ‘more extensive and flexible respite care services' (2002:35).

Education

In general the social policy records identify a need to combat educational disadvantage with appropriate and effective intervention strategies. Issues identified include the need to remove disincentives and barriers to life long learning and training opportunities for the unemployed and for people with both physical and mental disabilities.

Education and disability

A 25 year old client called to a CIC to enquire about the Back to Education Allowance. He had been on Disability Benefit for nearly a year and taken up a FAS training course. That course was nearing completion and he had been offered a course in UCC. He applied for the BTEA but was told he would not qualify, as he was not on Disability Allowance. He was also advised that his time on the FAS training course could not be considered as he was on DB and not DA before he commenced the course. He has now applied for a disability allowance and is awaiting medical assessment. The DSFA section dealing with disability allowances have advised that if he secures a DA payment then he will qualify for the BTEA. However, the client was incorrectly advised that he would not be permitted to work during the summer months.

The CIC argue that the BTEA should allow for greater flexibility particularly where it applies to groups vulnerable to educational disadvantage and that the information available to potential claimants should be clear, concise and accurate.

Roll over suspension

The system of ‘roll over suspension' applied in some schools presents a problem for parents who are unsure of what to do in this situation. A client reported her child had been suspended from school and that she had received no indication from the school as to when the child could return to school. She requested but was refused a meeting with the school principal. She then contacted the school Board of Management, but after two months is still awaiting a reply. The CIC suggests that all schools should institute a clear code of practice in relation to the suspension of students and that parents should be made aware of this code of practice via written documentation from the home school liaison officer.

Work and Welfare

With persistent levels of long-term unemployment and local and regional variations in levels of economic development, pockets of social disadvantage and poverty have become entrenched in all parts of Ireland. For those on low pay, employment does not always ensure a route out of poverty. This is consistent with the findings of recent research conducted by the ESRI, which shows that 7.4% of households headed by an employee fall below the 60 per percent relative income poverty line derived in 2000 (Nolan et al, 2002)(See Note). The disincentive effects of losing secondary benefits are crucial for those returning to paid employment, education and training. Other difficulties experienced by CIC clients are often the result of minimal employment protection or policies and legislation that have discriminatory consequences (for more on this area see Comhairle report on Employment Rights 2001). An increasingly common problem relates to the allocation of work permits for non-EU nationals working in Ireland. Because work permits are the property of employers, employees entering into contracts are particularly vulnerable to exploitation by unscrupulous Irish employers. In the event that they are dismissed or are forced to leave due to unacceptable working conditions they are prevented from taking up further employment until a prospective employer secures a work permit. This can take up to eight weeks.

Work disincentives

Some CIC workers feel that clients are being placed in an increasingly uncertain position by welfare to work policies. One CIC reports the case of a client on long term unemployment assistance with his wife as a qualified adult and three children. Following take up of a CE scheme, the client discovered that he was worse off financially than before. When he went onto CE he lost the qualified adult payment in respect of his wife because FAS only pay the personal rate without the qualified adult payment. Our information is that FAS intends to enter discussions with the DSFA about this anomaly. The client cannot apply for the Family Income Supplement, as this is not payable to those on a CE scheme.

Training disincentives

A lone parent client applied to go on a FAS training course. However, because it is a training course and not a CE scheme, the client was informed that she would lose her rent allowance - in this case €110 per week. The client had been accepted for the course but declined on discovery of this information. The CIC argue that to counter the disincentive effects of losing secondary benefits all FAS training course participants should be assessed for rent supplement under the tapered retention rules that apply to supplementary benefits.

Means testing benefits from other EU states

A client enquired with a CIC about his claim for unemployment assistance being means tested due to benefit and privilege. On explaining to the client how the means test works, it transpired that his parents' only income was an incapacity benefit payment from the North of Ireland. The parents' income from this benefit would have been approximately €9 more than the equivalent payment here. The CIC argue that the DSFA's method of classing social welfare payments from other EU states as income in the same way as earnings is unfair and should be appealed.

Employment Rights

A client reported that he had been working for three years but had only received two weeks paid annual leave each year. This constitutes a clear contravention of the Organisation of Working Time Act (1997) by the employer. The CIC indicates that they receive a high volume of employment related complaints of this nature. Many employees, unaware of their rights, or fearful of losing their jobs do not immediately make a complaint to the Rights Commissioner. However, the rules state that a complaint to the Rights Commissioner must be made within six months of the alleged contravention. This rule means that the employee in this case will not be able to recoup the lost holiday pay from previous years of employment. The CIC regard this rule as an obstacle to people exercising their employment rights.

Non-EU national work permit holders

A young Russian man whose employer was also his landlord reported that a dispute in work resulted in him being evicted from his accommodation. The employer/landlord threatened the man with deportation, locked him out of his apartment and refused to allow him gain access to his belongings. The CIC argues that work permit holders have minimal protection against discrimination especially where they are tied into employer provided accommodation. This case also illustrates the urgent need to review operation of the work permit system in Ireland to one that would allow employees to freely change employment.

Unfair dismissal

Following two months probation a South African national was requested to sign the same work contract but with an adjustment form attached revising his salary downwards. The man did not sign the form, but his salary was reduced anyway. When he protested the company let him go. Even though the company is in breach of contract the man does not have the required service to take an action under the unfair dismissals legislation. Although he can attempt to bring a case to the Rights Commissioner under the industrial relations legislation no hearing can occur unless the employer agrees to attend and neither is the employer bound by any recommendations of the Rights Commissioner. The CIC argues that legislative provision to protect employees from exploitation and unfair dismissal in the first year of employment needs to be put in place. The Comhairle report on Employment Rights (2000) (See Note) makes a direct recommendation in this area as follows:

In order to make employment protection legislation a reality for all employees, the general concept of protection from dismissal for seeking to enforce a statutory right regardless of length of service, as already accepted in certain of our legislation, needs to be extended to embrace all aspects of employment legislation.

(Comhairle, 2000: 33)

Housing

The concerns of CICs relate to the urgent need for local authorities to provide and maintain an adequate supply of social housing aimed at reducing the unacceptable waiting lists that have emerged over the past decade. Social policy records dealing with the private rented sector continue to raise concerns about the non-compliance by landlords with regulations in respect of minimum standards, rent and registration. The forthcoming discussion paper on rent supplement in the private rented sector jointly researched by Comhairle and Threshold uses case evidence arising from CIC queries in this area. The figures provided in this paper show that the rent supplement in 2001 supported an estimated 45,000 claimants at a total cost to the exchequer of €179.5 million. The role of SWA rent supplement has become more important in recent years as long waiting lists in the social housing sector force low income and benefit dependant tenants into the lower end of the private rental market. There is significant evidence to suggest that tenants in this sector experience insecurity of tenure, poor housing conditions and excessively high rents.

Landlord refusing to provide a rent book to tenant

A CIC reports the case of a client whose application for unemployment benefit was refused until he could provide documentary proof of his address. He stated that he was prevented from doing this because his landlady had refused to provide him with a rent book or a letter stating that he resides in rented accommodation. The client felt that the only alternative was for him to check into accommodation provided by the Simon Community for a couple of weeks in order to satisfy the DSFA requirement for proof of address. This case highlights the problem of non-compliance by landlords with minimum standards/regulations set down in legislation. Enforcement currently rests with local authorities, but tends to be under resourced and inadequate.

Security of tenure

A CIC reports a young woman in private rented accommodation who recently lost her job and was informed by her landlady that ‘she will not have people on social welfare living in her property'. The landlady went on to state that she ‘will not sign anything for a CWO'. The CIC argues that the lack of security of tenure for tenants in this situation leaves them vulnerable to becoming homeless.

Deposits in the private rented sector

A CIC client reported that her landlord for no stated reason refused to return the initial deposit paid on rented accommodation. Landlords will sometimes withhold deposits for legitimate reasons such as the tenant being in rent arrears. However, evidence suggests that landlords will also retain deposits on false grounds (claims of damaged furniture etc.). In such cases tenants will experience difficulty in accessing further accommodation and again are at risk of becoming homeless. The CIC advised the client to make a claim to recover the deposit through the small claims court. Such a prospect is not a welcome one for tenants who are destined to experience delays and incur legal costs. Neither is a judgment in favour of the tenant any guarantee that their deposit will be returned. The CIC argues that people in this situation need to be supported in their bid to secure a further deposit from the CWO. This may present an advocacy role for CICs.

Following on the recommendations contained in the Report of the Commission on the Private Rental Residential Sector (2000)(See Note) the government established a Private Residential Tenancies Board. Pending the enactment of legislation to provide for the implementation of the Commissions recommendations, the PRTB is an interim measure providing a voluntary mediation service for landlords and tenants engaged in disputes. The eventual aim of the PRTB will be to offer a dispute resolution service to replace the courts and once it begins to operate on a statutory footing the determinations handed down by the Board become binding. All tenancies will have to be registered with the Board.

Rent supplement

A lone parent client with two children in receipt of the one parent family payment (OPFP) and a rent allowance started on a CE scheme and found that the combination of her OPFP and the CE payment put her over the income limit for receipt of the rent allowance. The CWO is sympathetic to the client's case, but has advised that he has no discretionary powers where income exceeds the limit set for receipt of a benefit. The disincentive effects associated with the rent supplement scheme are addressed in the joint project between Comhairle and Threshold referred to above. Our information is that since January 2002 CE participants who work less than thirty hours per week can be assessed as part time workers under standard SWA rules. In cases where CE participants are redefined as part time workers they become eligible to benefit from the part time income disregard which allows for additional income (up to €50 per week) to be retained without any reduction in rent supplement. In such cases the CWO is expected to assess applicants under both the tapered retention rules and the standard SWA rules and to allocate payment under the more favourable assessment method.

Disability and housing need

A client in receipt of disability allowance, living with his parents and working in sheltered employment applied to his local council for a house. The client is not in a position to buy or build a house and has to remain at home with parents due to a lack of suitable accommodation in the private rented sector. The council advised the client that he is not in need of housing as he has adequate housing with his parents. However, the client is anxious to gain some independence from his parents and also to provide for his long term security. He is conscious that his parents are aged and that he will not always be able to rely on their support. The CIC advised that the client has been placed at the bottom of the local authorities housing priorities list and feels despondent about appealing this decision. The CIC argues that local authorities should be more responsive to the housing needs of people with disabilities.

Access to accommodation in the private rented sector for people with disabilities

Similar difficulties arise for people with disabilities attempting to access accommodation in the private rented sector. This case refers to a young couple - both wheelchair users who want to live together and are finding it impossible to secure suitable, wheelchair accessible accommodation in the private rented sector. The CIC states that more local authority units should be made available for people with disabilities given the greater difficulties they experience trying to access private rented accommodation.

The shared ownership scheme

A CIC worker indicated in a call to Comhairle that in the course of his work he is dealing with a high volume of queries in relation to the shared ownership scheme. The queries relate mainly to the scheme rules, the income limits applicable and how to apply for the scheme. It is the CIC workers perception that the schemes upper limit of €191,000 to cover the cost of a house in Dublin city and surrounding areas is grossly inadequate. He wants to see this figure revised upwards.

Special housing aid for the elderly

Research recently conducted by a CIC and funded through the Comhairle social policy grant scheme has highlighted a number of problems with this scheme. The fundamental flaw with the scheme is that people who are deemed eligible for aid are unable to access their entitlements due to a lack of adequate resources and funding. Other problems relate to a dearth of information on how the scheme operates; long waiting times between initial inspection and completion with the result that applicants are left feeling isolated and uninformed.

Impediments to claiming benefits

One of the primary aims of the CICs is to ensure that people do not lose out on their entitlements through lack of information or because they are unaware of their rights. The Irish benefit system is complex and rights and entitlements change over time. In such a context there is an onus upon welfare agencies to fully inform people of their rights and entitlements and to ensure that sufficient and accurate information is provided.

Unclaimed widowers pension

CICs regularly encounter cases of unclaimed benefit resulting from lack of information. One CIC reports the case of a man who called enquiring about unemployment benefit. It later transpired that the man's wife had died three years previously and he was unaware of any entitlement he had to a widowers pension. The man had received a bereavement grant following the death of his wife and the CIC worker suggested that a booklet to inform him of his entitlements could have been included with the grant payment. Comhairle currently provide an information leaflet on bereavement and will be producing a booklet on bereavement jointly with the DSFA in the coming months.

Insufficient information

A client whose UB claim had expired lodged a claim for UA. The DSFA later informed him that his claim had been disallowed because of his wife's earnings. He accepted this and left. The social welfare office failed to inform him of his right to sign for credits to protect future entitlement to social welfare benefits and pensions.

Another case refers to a medical cardholder who was unaware that he could receive a hearing aid free of charge under the medical card scheme. He paid €1,800 for a hearing aid from a private supplier and cannot recoup this unnecessary outlay. The GMS needs to be more proactive in drawing attention to the full range of entitlements attaching to the medical card. This might entail some kind of promotional campaign.

Straining bureaucracy

Delays in sorting out benefit claims are cited by many CICs as causing severe difficulties and in some cases undue hardship for claimants. The complex systems and procedures within the benefit system contribute to this bureaucratic strain. According to one CIC worker improved administrative structures need to be instituted to short-circuit these problems. One CIC reports the case of a lone parent client who is appealing the OPFP and has been waiting over twelve months for her appeal to be processed. Four months ago she received a letter from the Social Welfare Appeals office informing her that she was to be granted an oral hearing. She is still awaiting a date for the hearing. When the CIC worker phoned on her behalf to check the current position, he was told that because the lady lives in a rural area, no appeals officer would be scheduled to visit her area until there were a sufficient number of appeal hearings pending. The CIC argues that the lady is being discriminated against because of where she lives.

Conclusion

The focus of this report is on the nature of the problems that people bring to CICs. Issues like declining medical card coverage, limited security of tenure and minimal employment protection contribute to anxiety and hardship for significant numbers of people. In many cases the ability of people to uphold their rights is hampered by insufficient information and a welfare system that is complex and bureaucratic in nature. The information, advice and advocacy work conducted by CICs and documented in this report reveal a number of common problems and indicate the way in which public policy must change if these problems are to be addressed. Increasingly, public policy in a number of areas is formulated in a consultative fashion, with the potential contribution of the community and voluntary sector now explicitly recognised. Of particular importance is the fact that this sector now constitutes one of the four pillars of Social Partnership (See Note) and has been party to the negotiations on Partnership 2000 and more recently the Programme for Prosperity and Fairness (See Note). Comhairle is keen to strengthen this trend towards consultative decision making and to ensure that the work of CICs becomes more visible and more policy oriented.

Appendix

CICSocial Policy Record Returns, May - August 2002">

Table 2: CIC Social Policy Record Returns, May - August 2002

	Category	May	June	July	Aug	Sept	Total
							N	%
1	Ballina	1			4	8	13	4.51
2	Blackrock		1				1	0.35
3	Buncrana	1					1	0.35
4	Blanchardstown				1		1	0.35
5	Carlow	12	2	18			32	11.11
6	Castlebar	5	2	7	5	3	22	7.64
7	CICC		17				17	5.90
8	Clifden		2	2			4	1.39
9	Clondalkin	3					3	1.04
10	Cobh				2	3	5	1.74
11	Cork	2	1	3	4	4	14	4.86
12	Crumlin	3			8		11	3.82
13	Dublin City Centre			1			1	0.35
14	Drogheda		1				1	0.35
15	Dundalk		8			7	15	5.21
16	Dun Laoghaire	1	1	2	2		6	2.08
17	Edenderry	1				1	2	0.69
18	Galway	7	3	4			14	4.86
19	Killorglin		1				1	0.35
20	Kilkenny			5			5	1.74
21	Leitrim		3		4		7	2.43
22	Letterkenny	14	3				17	5.90
23	Limerick	29		13	6		48	16.67
24	Lucan		1				1	0.35
25	Maynooth	1	1	1	1	1	5	1.74
26	Monaghan			1	3		4	1.39
27	Naas				1		1	0.35
28	Newcastlewest			2	1		3	1.04
29	Newcastlewest (outreach)			1			1	0.35
30	Rosmuc	3	4				7	2.43
31	Shannon		2				2	0.69
32	SICCDA	2	1			2	5	1.74
33	Sligo		2		6		8	2.78
34	Thurles				1		1	0.35
35	Tralee				1	1	2	0.69
36	Tullamore				3		3	1.04
37	Wexford	3		1			4	1.39
	Total	88	56	61	53	30	288	100

Table 3: Social Policy Records by Category

Category	May	June	July	August	Sept	Total
						N	%
Social welfare/income support	50	29	35	27	17	158	54.86
Health	8	5	5	4	3	25	8.68
Employment	17	8	9	3	4	41	14.24
Education	2	2	3	4	1	12	4.17
Housing	2	2	3	4		11	3.82
Family	1	3				4	1.39
Equality/law/justice	2	1	2	5	2	12	4.17
Access/Assistive technology	2					2	0.69
Tax		1				1	0.35
Driving/transport		2		1		3	1.04
Consumer	1		1	2		4	1.39
Miscellaneous	3	3	3	3	3	15	5.21
Total	88	56	61	53	30	288	100