Séamus Brennan (Dublin South, Fianna Fail)

Decisions on entitlement to social welfare schemes are made by statutorily appointed deciding officers under the Social Welfare Consolidation Act 1993, as amended. Social welfare appeals are undertaken by duly appointed appeals officers. All persons who apply for carer's allowance, carer's benefit or for any social welfare scheme are informed of the decision on their entitlement and the reasons for the decision. Additionally, where a person is refused or where his or her entitlement is reduced, he or she is also advised of his or her right of appeal to the independent Social Welfare Appeals Office.

Social welfare regulations provide that decisions on social welfare claims must be set out in writing and, where the decision is unfavourable, the reasons for the decision must also be recorded and included in the notification to the persons concerned. Any person who is dissatisfied with a decision made by a deciding officer of my Department, may, by giving notice of appeal to the chief appeals officer within the statutory time limit of 21 days, have the question referred to an appeals officer for determination. An appeal may be sent either directly to the independent Social Welfare Appeals Office or it may be handed in to any office of my Department for transmission to the appeals office.

It is the general policy of my Department when disallowing a claim because underlying conditions are not satisfied, to offer a review of the claim in the light of any further information a person may wish to submit in support of his or her claim. This does not take from the right of appeal but affords the claimant the opportunity to have the claim fully examined before involving the formal appeals process.

The principal eligibility conditions for receipt of carer's allowance are that full-time care and attention is required and is being provided and that the means test that applies is satisfied. For carer's benefit, the conditions are that full-time care and attention is required and is being provided and that certain PRSI contributions are satisfied. In the case of claim applications or reviews of entitlement and following necessary investigations, decisions are issued in all instances to the person concerned.

In the case of carer's allowance and benefit, more than 10,000 claims have been decided thus far this year and formal decisions have issued to the persons concerned. Similarly, in the case of any reviews undertaken, the persons concerned received formal decisions and have been duly notified of their right of appeal.

Additional information not given on the floor of the House.

If the Deputy has a particular case in mind where he feels a decision relating to carer's allowance or benefit, or any other social welfare payment has not been appropriately applied or where a person's right of appeal has not been adequately notified to the claimant by my Department, he should let me have the relevant details and I will ensure the necessary investigations are carried out and refer back to the Deputy as soon as possible.

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