Midlands 103 Interview
Thursday, 22nd October 2009
Bernie in Rhode what is the procedure for serving ASBOs on teens is it up to the gardai or the Courts?
A Garda can issue an anti-social behaviour warning to any child who has behaved in an anti-social manner.
The behaviour warning may be issued verbally by the Garda to the child and it must also be served on the child and his/her parents or guardian in writing. The written notice must include the following:
- A statement that the child has behaved in an anti-social manner
- The type of behaviour and when and where it took place
- A demand that the child cease the behaviour
- A notice that failure to comply with a demand to cease the behaviour may result in an application being made to the court for a behaviour order
The behaviour warning must be issued by the Gardaí within one month of the time that the behaviour took place. In the case of persistent behaviour, the warning must be issued within one month of the most recent known instance of that behaviour taking place. An anti social behaviour contract is put in place.
A behaviour warning will remain in force against a child for 3 months from the date it is issued.
An anti-social behaviour order or ASBO is issued by the
Mary in Mullingar can you get fuel allow if you’re on jobseekers benefit and rent allowance, with no other income?
It is not one of the qualifying payments
A listener has been on Disability Benefit for 15 months and he is wondering would he be entitled to fuel allowance?
It is not one of the qualifying payments
David in Tullamore’s son is 16 and is in youthreach project and he is wondering can he still get children’s allowance for his son?
Yes it should get children’s benefit.
Mary in Birr is on Disability allowance and is on a lot medication and she is wondering can she get the medical card?
Yes, if she within the financial limits. Apply anyway.
Maura would like to know if she can’t do her job anymore as she has arthritis can she claim invalidity?
She should claim for illness benefit first. Disability payments such as invalidity payment are subject to a medical assessment. Each one is judged on a case by case basis.
Martin in Mullingar was working in a job for 27 years and working part time and paying tax on both jobs and he has been out of work full time for the last year but he is still working part time and he is wondering can he still get job seekers allowance on the stamps from his part time job?
It applies for job seekers benefit. He states that the parttime job is subsidiary employment as he was able to sustain it while in full time.
If you are living alone and have a blind pension and go into a nursing home is the cost of the nursing home?
The new Nursing Homes Support Scheme, A Fair Deal will be Introduced on the 27th October 2009.
The Nursing Homes Support Scheme is a new scheme of financial support for people in need of nursing home care. Its fundamental purpose is to make long-term nursing home care:
- Accessible
- Affordable and
- Anxiety-free
Every person with need for residential care who applies for financial support will make a personal contribution to cost, strictly in accordance with their means. A person’s contribution will be limited to 80% of their disposable income. No one will be forced to sell or mortgage their home to pay for care. The families of care recipients will not be means tested or asked to contribute. The contribution related to house value (principal private residence) is 5% a year, capped at three years, but this contribution may be deferred for payment from the estate of the person.
Overall, the State will meet 70% of the cost of long term care with personal contributions covering the balance.
Maureen is wondering about the household benefit package and she is wondering can Susan give details on how people can be eligible for it?
You may qualify for the Household Benefits Package if:
You are aged 70 or over
OR
You are getting Carer's Allowance
OR
You are caring for a person who is receiving Prescribed Relative's Allowance or Constant Attendance Allowance
OR
You are between 66 and 70 and are receiving
- State Pension (Contributory)
- State Pension (Non Contributory)
- State Pension (Transition)
- Widow's/Widower's (Contributory) Pension
- An ordinary Garda Widow's Pension from the Department of Justice, Equality and Law Reform or
- An equivalent Social Security Pension/Benefit from a country covered by EU Regulations or from a country with which
and live alone or only with certain excepted persons (see 'Excepted persons' below).
OR
You are under 66 and are receiving:
- Invalidity Pension
- Blind Pension
- Incapacity Supplement or Workmen's Compensation with Disablement Pension (for at least 12 months)
- Disability Allowance
- An equivalent Social Security Pension/Benefit from a country covered by EU Regulations, or from a country with which
and live alone or only with certain excepted persons.
Excepted persons are:
- a qualified adult (your spouse/partner is considered a qualified adult if you are receiving an allowance for him/her with your payment or if he or she earns less than €310, including income from a social welfare payment)
- dependent child(ren) under the age of 18 or under the age of 22 if in full-time education (a certificate from the school/college must be supplied for those aged 18 or over)
- a person who is so incapacitated as to require constant care and attention for at least 12 months (medical certification may be required)
- a person(s) who would qualify for the allowance in his/her own right (for example, a person getting an State Pension)
- a person who is providing you or someone in your household with constant care and attention if you or that person is so incapacitated as to require constant care and attention for at least 12 months (medical certification may be required). People in employment for more than 15 hours per week or people getting Jobseeker's Benefit/Jobseeker's Allowance cannot be accepted as providing constant full-time care and attention.
OR
You are aged between 66 and 70, satisfy a means test and live alone or only with the excepted persons mentioned above.
Other qualifying conditions
- You must be permanently living (that is on an all-year-round basis) at the address at which you wish the allowances to be applied. The allowances do not apply if you live in a nursing/retirement home where the accommodation is not fully self-contained. However, if you are aged 70 or over and live in such a nursing/retirement home and you have your own telephone account, you may be eligible for the Telephone Allowance
- No other person in your household can be receiving the allowances.
- You must be the registered consumer of electricity/gas if you are applying for an Electricity/Natural Gas Allowance and the registered telephone account holder if you are applying for the Telephone Allowance.
Concession for widowed persons aged between 60 and 65
If you are a widowed person aged between 60 and 65 and your late spouse was getting a Telephone Allowance and/or Electricity/Natural Gas/Bottled Gas Refill Allowance and/or Free Television Licence from the Department of Social and Family Affairs and, prior to his/her death, you were permanently living together, you may now qualify for the allowances in the Household Benefits Package.
You must be receiving:
- State Pension (Transition)
- Widow's/Widower's (Contributory) Pension
- Widow's/Widower's (Non-Contributory) Pension
- One-Parent Family Payment (Widows/Widowers)
- Widow's or Widower's Pension under the Occupational Injuries Benefits Scheme
- an equivalent Social Security Pension/Benefit from a country covered by EU Regulations or from a country with which
- an ordinary Garda Widow's Pension from the Department of Justice, Equality and Law Reform.
You may be required to produce documentary evidence proving that your late spouse was receiving a Telephone Allowance and/or Electricity/Natural Gas/Bottled Gas Refill Allowance and/or Free Television Licence.
Concession for people transferring from Invalidity Pension, Disability Allowance or Blind Pension
If you are receiving Invalidity Pension, Disability Allowance or Blind Pension and you are receiving a Telephone Allowance and/or Electricity/ Natural Gas/Bottled Gas Refill Allowance and/or Free Television Licence, you may retain the Allowance if you transfer to another payment from the Department of Social and Family Affairs (excluding Jobseeker's Benefit/Allowance, Illness Benefit and Pre-Retirement Allowance, One-Parent Family Payment and Carer's Benefit).
The means test
If you are aged between 66 and 70 and are not receiving a qualifying payment, you must satisfy a means test.
The means test involves calculating your appropriate weekly means limit. This limit is based on the current maximum rate of State Pension (Contributory) including increases for age, living alone, and adult/child dependants.
Your weekly income limit consists of the maximum rate of State Pension (Contributory) plus €100.
Your weekly income limit is then compared to your weekly means as assessed in a means test.
If your weekly means are less than or equal to your weekly income limit, you satisfy the means test and qualify for the Household Benefits Package.
If you are applying for the Household Benefits Package on the basis of the means test, a separate means test questionnaire will be posted to you for completion.
Jim is wondering is a non eu national living here on a visa entitled to claim social welfare?
Unclear as to what this person means. If they have being working here, are hear legally (not on holiday visa) and can show that this is their main centre of interest, i.e. mortgage, work, paying PRSI, children in education, married to Irish national etc then yes. Otherwise no.
A listener is wondering would they be allowed to do a morning course for adults as they are getting a pre retirement payment?
A person on Course of Education/Training and Development Part-time or Full-time and in receipt of an allowance, that training allowances received by a claimant are assessed in full and deducted from the weekly pre retirement payment. However, payments received for expenses necessarily incurred, e.g. travel and meal expenses, are disregarded for means purposes.
If that person comes into the centre we can double check for them.
Tullamore CIC 057 93 52204.
Also Offaly Disability Advocacy Service is run from the Tullamore Office if anyone needs support.
· Athlone CIC 090 64 78851
· Low Call CIC Number 1890 777121
