Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Written Answers. - Parliamentary Debates - Houses of the Oireachtas Written Answers. - Parliamentary Debates - Houses of the Oireachtas

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399 Questions— 22 February 2005. Written Answers 400[Mr. Cowen.]Dermot Quigley, additional guidelines in relationto certain proposed consultancy contracts havenow been agreed for incorporation in the Cabinethandbook. These guidelines will apply particularlyin the PR or communications area wherethere is a significant element of direct service toa Minister or where a Minister has suggested thename of a person or enterprise for a consultancyor contract. The additional guidelines are in effectsince 15 February. The full text of the guidelinesis available on the website of the Department ofthe Taoiseach.Tax Code.162. Cecilia Keaveney asked the Minister forFinance if there are tax incentives for personstowards paying crèche fees; and if he will make astatement on the matter. [5825/05]Minister for Finance (Mr. Cowen): There areno tax incentives available for persons towardspaying crèche fees. Over recent years, theGovernment has considered carefully the area ofchild care. It has been decided as a matter ofpolicy that child benefit will be the main instrumentthrough which support will be provided toparents. One of the main benefits from thisapproach is that, whereas tax relief would be oflittle or no benefit to those with low incomes, theprovision of support for parents through the childbenefit route means equality of treatment for allrecipients.In line with this policy approach, the Governmenthas substantially increased child benefitsince coming into office in 1997. Overall expenditureon child benefit has increased by 279% from\506 million in 1997 to an estimated \1,916 millionin 2005.To address the availability of services, the supplyof formal child care places is being stimulatedthrough a programme of investment under thenational development plan equal opportunitieschild care programme, EOCP. The EOCP fundscapital development to increase places, supportstaffing costs for facilities targeting disadvantage,and improve child care quality. Over the next fiveyears, 2005-2009, the capital envelope for theplanned programme of continued investment inchild care facilities will be \313 million, which isexpected to create about 17,000 places, 3,400 perannum for each of the next five years. The 2005allocation for the EOCP provides \83.4 millionof which \43.8 million is current and \39.6 millionis capital funding.The Government has also undertakenmeasures to favour the supply of child care bytax incentives to set up facilities and relief frombenefit-in-kind taxation for free or subsidisedchild care where this is provided by employers.Taken together, these represent substantialmeasures to assist with the cost of child care andI have no plans to introduce additional measuresat this time.Dormant Accounts Fund.163. Mr. Bruton asked the Minister for Financethe requirements under dormant accounts legislationon life companies to contact the policyholdersin respect of single premium investmentbonds which have a distant maturity date; and ifhis attention has been drawn to the complaintsthat the standard format of communication wouldencourage many individuals to encash their policies;and if he will make a statement on theappropriateness of the procedures coming intooperation ahead of the maturity date of thepolicy. [5884/05]Minister for Finance (Mr. Cowen): Undersection 6 of the Unclaimed Life Assurance PolicesAct 2003, a life assurance policy is treated asunclaimed if, in the case of a fixed term policy,the specified term has expired, if an amountwould be payable if the policyholder were tomake a claim, and if the insurance undertakinghas received no communication from the policyholderfor a period of at least five years. In thecase of a policy which does not have a specifiedterm, these conditions are met only when aperiod of 15 years has elapsed without any communicationfrom the policyholder.Section 8 of the Act sets out the procedures fornotification of the holders of unclaimed policiesbefore a transfer is made to the dormant accountsfund. The insurance undertaking must give writtennotice to the policyholder, at the last addressknown to the undertaking, of the following: thename and current address of the undertaking andany information regarding a change of name sincethe policy issued; that an unclaimed policy towhich the policyholder appears to be entitled isheld at the undertaking; that if no communicationfrom the policyholder is received by the undertaking,the net encashment value of the policywill be transferred to the dormant accounts fund;and that the policyholder is entitled to claim themoneys payable under the policy.Where the value of the policy is \500 or less orthe undertaking has been either instructed not tocontact the policyholder or is unable to do so,section 9 of the Act requires the undertaking toadvertise the fact that it holds unclaimed policies.In the normal course of business, insuranceundertakings may contact policyholders whosepolicies have not yet matured for a variety ofreasons unconnected with the unclaimed policieslegislation. These include the requirements underthe Insurance Act 1989 and the Life Assurance(Provision of Information) Regulations 2001referred to in to my reply to the Deputy’s questionof 10 February last.I understand that it is also common industrypractice to send out annual communication to

401 Questions— 22 February 2005. Written Answers 402clients, including such information as unit allocationstatements, indexation notices and annualbenefit statements. Where a policy has a fixedterm, such as in the case of single premium investmentbonds, the undertaking will normally writeout to the policyholder in advance of the maturitydate to advise them that the policy is about tomature. These commercial practices may varyfrom firm to firm and may not extend to all typesof policy.I am informed by the financial regulator thatit is not aware of any complaints regarding lifecompanies’ correspondence in respect ofunclaimed policies, including single premiuminvestment bonds. However, any complaintsshould in the first instance be made to the regulatorat: Consumer Information Department,Irish Financial Services Regulatory Authority,PO Box 9138, College Green, Dublin 2, lo-call1890 77 77 77.Tax Code.164. Ms Shortall asked the Minister for Financethe details of all section 50 student accommodationschemes approved since the inception ofthe schemes; if he will provide a breakdown ofthe location and number of bedspaces approvedby each participating college; the mechanismwhereby such student accommodation is monitoredto ensure that it is used by students of theapproving colleges; and if he will make a statementon the matter. [5913/05]Minister for Finance (Mr. Cowen): The Ministerfor Education and Science, in consultationwith the Minister for the Environment and LocalGovernment, with the consent of the Minister forFinance, issues guidelines regarding section 50student accommodation. Under these guidelinesthere is a requirement for a minimum of threebed spaces per unit and a maximum of eight perunit. In this regard, I am informed by the Departmentof the Environment and Local Governmentthat the 4,718 units certified and completed todate have on average 3.7 bed spaces whichamounts to an average of 17,500 bed spaces. Themajority of the units certified and completedrelate to Dublin, Galway, Limerick and Cork.The following table illustrates the location of theapproved units.The guidelines issued by the Department ofEducation and Science also contain a requirementthat tax-relieved accommodation can onlybe let to students of a certifying educational institutionduring the academic year and to nonstudentsoutside of the academic year. Claims fortax relief for the capital investment in studentaccommodation schemes by investors are madeunder the self-assessment system. In this regard,a certain number of such claims are audited aspart of the Revenue Commissioners’ audit programme.Part of an audit would involve the inspectorof taxes, who deals with the audit, being satisfiedthat the conditions for claiming the tax reliefhave been fulfilled, and the investor may beasked to provide evidence that the accommodationhas been let solely to students of the certifyingeducational institution.Section 50 Units Approved01/04/1999-18/02/2005Carlow 79Castlebar 22Cork 570Letterkenny 112Dublin 641Galway 819Tralee 264Maynooth 183Limerick 1061Sligo 356Waterford 512Athlone 99Total 4,718Under the terms of the scheme, there is a requirementfor a minimum of 3 bedspaces per unit anda maximum of eight per unit. The average is 3.7per unit.165. Mr. Hogan asked the Minister for Financethe number of spouses of company directors whoare not in receipt of the employee tax credit,PAYE allowance; and if he will make a statementon the matter. [5915/05]Minister for Finance (Mr. Cowen): Under theprovisions of Section 472 of the Taxes ConsolidationAct 1997, a proprietary director and herhisspouse are not entitled to the employee taxcredit, formerly the PAYE allowance, againstemoluments paid to either spouse by a companyof which one of the spouses is a proprietary director.However, the employee tax credit may bedue to each spouse against her-his other emoluments,if any.A “proprietary director” means a director of acompany who is either the beneficial owner of,or able, directly or through the medium of othercompanies or by any other means, to controlmore than 15% of the ordinary share capital ofthe company. I am informed by the RevenueCommissioners that statistics on the number ofspouses of proprietary directors who are not inreceipt of the PAYE allowance are not maintainedand could not be obtained without conductinga protracted investigation of the RevenueCommissioners’ records.Nursing Home Charges.166. Mr. Kelleher asked the Minister for Financeif he will consider accessing the nationalpensions reserve fund on a once-off basis to fund

401 Questions— 22 February 2005. <strong>Written</strong> <strong>Answers</strong> 402clients, including such information as unit allocationstatements, indexation notices and annualbenefit statements. Where a policy has a fixedterm, such as in <strong>the</strong> case <strong>of</strong> single premium investmentbonds, <strong>the</strong> undertaking will normally writeout to <strong>the</strong> policyholder in advance <strong>of</strong> <strong>the</strong> maturitydate to advise <strong>the</strong>m that <strong>the</strong> policy is about tomature. These commercial practices may varyfrom firm to firm and may not extend to all types<strong>of</strong> policy.I am informed by <strong>the</strong> financial regulator thatit is not aware <strong>of</strong> any complaints regarding lifecompanies’ correspondence in respect <strong>of</strong>unclaimed policies, including single premiuminvestment bonds. However, any complaintsshould in <strong>the</strong> first instance be made to <strong>the</strong> regulatorat: Consumer Information Department,Irish Financial Services Regulatory Authority,PO Box 9138, College Green, Dublin 2, lo-call1890 77 77 77.Tax Code.164. Ms Shortall asked <strong>the</strong> Minister for Finance<strong>the</strong> details <strong>of</strong> all section 50 student accommodationschemes approved since <strong>the</strong> inception <strong>of</strong><strong>the</strong> schemes; if he will provide a breakdown <strong>of</strong><strong>the</strong> location and number <strong>of</strong> bedspaces approvedby each participating college; <strong>the</strong> mechanismwhereby such student accommodation is monitoredto ensure that it is used by students <strong>of</strong> <strong>the</strong>approving colleges; and if he will make a statementon <strong>the</strong> matter. [5913/05]Minister for Finance (Mr. Cowen): The Ministerfor Education and Science, in consultationwith <strong>the</strong> Minister for <strong>the</strong> Environment and LocalGovernment, with <strong>the</strong> consent <strong>of</strong> <strong>the</strong> Minister forFinance, issues guidelines regarding section 50student accommodation. Under <strong>the</strong>se guidelines<strong>the</strong>re is a requirement for a minimum <strong>of</strong> threebed spaces per unit and a maximum <strong>of</strong> eight perunit. In this regard, I am informed by <strong>the</strong> Department<strong>of</strong> <strong>the</strong> Environment and Local Governmentthat <strong>the</strong> 4,718 units certified and completed todate have on average 3.7 bed spaces whichamounts to an average <strong>of</strong> 17,500 bed spaces. Themajority <strong>of</strong> <strong>the</strong> units certified and completedrelate to Dublin, Galway, Limerick and Cork.The following table illustrates <strong>the</strong> location <strong>of</strong> <strong>the</strong>approved units.The guidelines issued by <strong>the</strong> Department <strong>of</strong>Education and Science also contain a requirementthat tax-relieved accommodation can onlybe let to students <strong>of</strong> a certifying educational institutionduring <strong>the</strong> academic year and to nonstudentsoutside <strong>of</strong> <strong>the</strong> academic year. Claims fortax relief for <strong>the</strong> capital investment in studentaccommodation schemes by investors are madeunder <strong>the</strong> self-assessment system. In this regard,a certain number <strong>of</strong> such claims are audited aspart <strong>of</strong> <strong>the</strong> Revenue Commissioners’ audit programme.Part <strong>of</strong> an audit would involve <strong>the</strong> inspector<strong>of</strong> taxes, who deals with <strong>the</strong> audit, being satisfiedthat <strong>the</strong> conditions for claiming <strong>the</strong> tax reliefhave been fulfilled, and <strong>the</strong> investor may beasked to provide evidence that <strong>the</strong> accommodationhas been let solely to students <strong>of</strong> <strong>the</strong> certifyingeducational institution.Section 50 Units Approved01/04/1999-18/02/2005Carlow 79Castlebar 22Cork 570Letterkenny 112Dublin 641Galway 819Tralee 264Maynooth 183Limerick 1061Sligo 356Waterford 512Athlone 99Total 4,718Under <strong>the</strong> terms <strong>of</strong> <strong>the</strong> scheme, <strong>the</strong>re is a requirementfor a minimum <strong>of</strong> 3 bedspaces per unit anda maximum <strong>of</strong> eight per unit. The average is 3.7per unit.165. Mr. Hogan asked <strong>the</strong> Minister for Finance<strong>the</strong> number <strong>of</strong> spouses <strong>of</strong> company directors whoare not in receipt <strong>of</strong> <strong>the</strong> employee tax credit,PAYE allowance; and if he will make a statementon <strong>the</strong> matter. [5915/05]Minister for Finance (Mr. Cowen): Under <strong>the</strong>provisions <strong>of</strong> Section 472 <strong>of</strong> <strong>the</strong> Taxes ConsolidationAct 1997, a proprietary director and herhisspouse are not entitled to <strong>the</strong> employee taxcredit, formerly <strong>the</strong> PAYE allowance, againstemoluments paid to ei<strong>the</strong>r spouse by a company<strong>of</strong> which one <strong>of</strong> <strong>the</strong> spouses is a proprietary director.However, <strong>the</strong> employee tax credit may bedue to each spouse against her-his o<strong>the</strong>r emoluments,if any.A “proprietary director” means a director <strong>of</strong> acompany who is ei<strong>the</strong>r <strong>the</strong> beneficial owner <strong>of</strong>,or able, directly or through <strong>the</strong> medium <strong>of</strong> o<strong>the</strong>rcompanies or by any o<strong>the</strong>r means, to controlmore than 15% <strong>of</strong> <strong>the</strong> ordinary share capital <strong>of</strong><strong>the</strong> company. I am informed by <strong>the</strong> RevenueCommissioners that statistics on <strong>the</strong> number <strong>of</strong>spouses <strong>of</strong> proprietary directors who are not inreceipt <strong>of</strong> <strong>the</strong> PAYE allowance are not maintainedand could not be obtained without conductinga protracted investigation <strong>of</strong> <strong>the</strong> RevenueCommissioners’ records.Nursing Home Charges.166. Mr. Kelleher asked <strong>the</strong> Minister for Financeif he will consider accessing <strong>the</strong> nationalpensions reserve fund on a once-<strong>of</strong>f basis to fund

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