Michael Healy-Rae (Kerry, Independent)
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643. To ask the Minister for Employment Affairs and Social Protection the status of an appeal (details supplied); and if she will make a statement on the matter. [40308/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. A letter was issued to the person concerned notifying them of the Appeals Officer’s decision on 14th September 2023.

I trust this clarifies the matter for the Deputy.

Paul Kehoe (Wexford, Fine Gael)
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644. To ask the Minister for Employment Affairs and Social Protection the status of the partial capacity benefit for a person (details supplied); and if she will make a statement on the matter. [40309/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Partial Capacity Benefit is a scheme which extends the Illness Benefit and Invalidity Pension schemes to recognise and respond to the reality that some people in receipt of these payments have a capacity to engage in open market employment while continuing to need to receive some income support from the State.

People in receipt of Invalidity Pension or Illness Benefit (the latter for a minimum of 26 weeks) who wish to return to work are eligible for Partial Capacity Benefit if their capacity for work is reduced as a result of their medical condition.

The person concerned has been in receipt of Partial Capacity Benefit since 2017 with additional allowances for an increase for a qualified adult (IQA) and two qualified children. Their third child was born in July 2019. The person concerned did not apply to have a third child added to their claim until May 2023, when a reassessment form issued to them.

When the payment and allowances were reassessed in 2023, it transpired that this person no longer had an entitlement to the allowances for Qualified Adult/Children as information available to the Department indicates that his spouse is employed and has earnings above the statutory limit for receipt of IQA and IQC.

The person concerned also requested backdating of the Increase for a qualified child (IQC) allowance in respect of their third child.

The legislation provisions allow for backdating where throughout the period between theearlier date and date on which the claim is made:

• There was a good cause for the delay in making the claim.
• The failure to claim within the prescribed time arose as a result of information suppliedby staff of the Department to the person concerned or to his/her appointed agent.
• The delay arose because the person was so incapacitated by illness or infirmitybetween the date that the claim can be legally backdated to (maximum 6 months) tothe date of receipt of the claim to such an extent that the claimant could not have been expected to make a claim or appoint an agent to act on his/her behalf.