Tim O'Malley (Limerick East, Progressive Democrats)

The debate relates to the social welfare entitlements of a particular individual. Under social welfare legislation decisions on claims or entitlements are made by deciding officers and appeal officers. These officers are statutorily appointed and I, as Minister of State, have no role in making such decisions. The person concerned applied for carer's allowance. The principal conditions for receipt of the allowance are that full-time care and attention is required and being provided and that the means test that applies is satisfied. Additionally, the requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes, including carer's allowance, with effect from 1 May 2004. All applicants regardless of nationality are required to be habitually resident in the State to qualify for the allowance. The basis for the restriction containedin the new rules is the applicant's habitual residence. The restriction is not based on citizenship, nationality, immigration status or any other factor. Each case received for a determination on the habitual residence condition is dealt with in its own right and a decision is based on the application of the guidelines to the particular individual circumstances of each case.

While the person concerned satisfies the habitual residence condition, the medical eligibility and provision of full-time care and attention requirements, she did not satisfy the means test applicable to carer's allowance. Under social welfare legislation the capital value of property owned but not personally used or enjoyed, where it is rented to a third party, is assessed as means in accordance with a formula set out in legislation. The property in this case is let and was previously the home of the person concerned but that is not relevant in the context of the means test. Such a property cannot be disregarded as "your own home" in cases where that property is let. Property must be capable of being sold, let or put to profitable use before a capital value assessment is applied. In the case of property that is let, the amount assessed as means is the notional assessment provided for in legislation, not the rental income.

The income assessed as means in this case consists of €930 per week derived from the capital value of the property and income from an occupational pension of €2l8.72 per week. Following the application of the €270 income disregard that applies the person's weekly means equate to a net €878.72, which exceeds the qualifying limit for receipt of carer's allowance. A deciding officer decided accordingly. On 8 March 2006 the person concerned was notified of this decision and the reasons for it and of her right to appeal to the independent social welfare appeals office. Following a review by a deciding officer, the decision remains unchanged. A revision to the existing means test that applies would have to be considered in a budgetary context.

In budget 2005, the respite care grant was extended to all carers providing full-time care and attention. The grant is paid regardless of means but is subject to certain employment-related conditions and the provision of full-time care and attention. On 25 April 2006 the person concerned was notified that she may have an entitlement to the respite care grant for 2006.

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