Bernard Durkan (Kildare North, Fine Gael)
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I thank the Ceann Comhairle for allowing me to bring this matter to the attention of the House, particularly after my boldness during exchanges this morning.

Mary O'Rourke (Longford-Westmeath, Fianna Fail)
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The Deputy was very bold.

Bernard Durkan (Kildare North, Fine Gael)
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I assure the House no ill will was intended on my part. It was one of those things we all have to do from time to time when raising issues.

This matter is unique because the Minister of State and I share the constituent affected and we can both help in the way people would like us to co-operate for the benefits of those we represent. I am sure the Minister of State will respond positively. The man affected is entirely devoted to caring for his mother and looking after the farmyard. He does not own property and he was assessed as having nil means but then somebody came up with the classic line, "You are working/attending a course outside the home for more than 15 hours per week". I do not accept that because in the normal course of events he is available 24-7 if his mother needs him. He is on call at times. He has no income and it is a serious case, which the Minister of State knows well. Given my knowledge of the Department, it is possible to deal with this case in a quick and positive way. I am sure the Minister of State will be in touch after she has read the reply into the record. I expect her to make the classic announcement that she will have this matter dealt with and will be in touch with me as a matter of great haste.

Áine Brady (Kildare North, Fianna Fail)
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I hope I do not disappoint Deputy Durkan. I am replying to this Adjournment matter on behalf of my colleague, Deputy Eamon Ó Cuív, Minister for Social Protection. The matters which are the subject of this debate are related to the social welfare entitlements of an individual. As the Deputy is aware, under social welfare legislation decisions on claims or entitlements are made by deciding officers or appeals officers. These officers are statutorily appointed and the Minister has no role in making such decisions.

An application was received in the carer's allowance section of the Department from the person concerned on 30 December 2009. The applicant indicated on the application form that he was self-employed and also worked as a farm labourer. One of the conditions for the receipt of carer's allowance is that an applicant cannot work more than 15 hours a week outside the home. The carer's allowance section forwarded the applicant's file to a social welfare inspector to investigate his work pattern and income.

The person concerned was interviewed on 3 February 2010 at his home. He works on the family farm which is in his mother's, the caree's, name. He receives €129 per week as payment for the work involved. During the interview, the applicant confirmed that he works full time on the farm except during the summer when he spends five to six hours a day as a self-employed hedge-cutter and fencer. He was requested to furnish bank statements and accounts for his self employment. Upon completion of the investigation, the inspector returned the file to the carer's allowance section on 15 April 2010.

The inspector confirmed that the person concerned looks after his mother and that she satisfies the conditions for requiring full-time care and attention. However, the inspector concluded that the applicant works more than 15 hours per week outside the home either farming or in his own business. That was confirmed by the applicant during interview. That would disqualify him from receipt of carer's allowance.

A deciding officer of the Department made the decision on 24 April 2010 that the applicant did not satisfy the conditions for receipt of carer's allowance as he was working outside the home for more than 15 hours per week. The condition that an applicant cannot work for more than 15 hours per week outside the home is one of the key conditions for receipt of carer's allowance. The deciding officer has no discretion on this condition and is, under legislation, bound to disallow a claim where the applicant's work outside the home exceeds the 15 hour limit.

In accordance with his statutory rights, the person concerned was notified of his right to appeal to the social welfare appeals office if he felt that the decision was incorrect. To date, he has not lodged an appeal. However, he has until Friday, 15 May 2010 to make an appeal if he so wishes.

Bernard Durkan (Kildare North, Fine Gael)
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Could this debate be considered as an appeal?

Áine Brady (Kildare North, Fianna Fail)
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Yes.