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Written Answers — Department of Social Protection: Pension Provisions (15 Jan 2014)

Joan Burton: The Social Welfare and Pensions Act 2013 amended section 50 of the Act to broaden the options available to the trustees of a pension scheme when considering a restructure of scheme benefits. Prior to this change, a restructure of pension benefits under section 50 applied to the benefits of current and former scheme members and to post retirement increases in benefits. The recent changes to...

Written Answers — Department of Social Protection: Carer's Allowance Appeals (15 Jan 2014)

Joan Burton: I confirm that the department received an application for carer’s allowance from the person in question on the 17th of September 2012. The person concerned was refused carers allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. She was notified of this decision and the reason for it. The person...

Written Answers — Department of Social Protection: Carer's Allowance Appeals (15 Jan 2014)

Joan Burton: Carer’s allowance was stopped on 19th September 2013 in respect of the person in question as, following a review, it was decided that the medical criteria were no longer satisfied. In order for a child under 16 years to be deemed eligible for carer's allowance, domiciliary care allowance must be in payment for that child. In those circumstances, the child is deemed to be...

Written Answers — Department of Social Protection: Carer's Allowance Appeals (15 Jan 2014)

Joan Burton: The person in question was awarded carers allowance from 6th May 2010. Following a recent control check review the means for the person concerned have been re-assessed, and it has been decided that his means exceed the statutory limit. The claim has been disallowed and payment will cease from 16th January 2013. The person concerned was notified of this decision on the 9th of January 2014 the...

Written Answers — Department of Social Protection: Disability Allowance Appeals (15 Jan 2014)

Joan Burton: The application, based upon the evidence submitted, was refused on medical grounds and the person concerned was notified in writing of this decision on 27 September 2013. The person subsequently appealed this decision and his claim has been sent to the Social Welfare Appeals Office who will inform him directly of the outcome on his appeal.

Written Answers — Department of Social Protection: Disability Allowance Appeals (15 Jan 2014)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts. I am advised that the person...

Written Answers — Department of Social Protection: Disability Allowance Appeals (15 Jan 2014)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence has allowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against...

Written Answers — Department of Social Protection: Social Welfare Appeals Issues (15 Jan 2014)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20th November 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 11th...

Written Answers — Department of Social Protection: Social Welfare Benefits Eligibility (15 Jan 2014)

Joan Burton: Issues relating to employment law and the rights of employees are a matter for the Department of Jobs, Enterprise and Innovation. However, in relation to social welfare payments, illness benefit is payable if the person satisfies the necessary qualifying social insurance contribution conditions and is medically certified as being incapable of work, irrespective of the person’s...

Written Answers — Department of Social Protection: Disability Allowance Appeals (15 Jan 2014)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts. I am advised that the person...

Written Answers — Department of Social Protection: Disability Allowance Appeals (15 Jan 2014)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence has allowed the appeal of the person concerned. The person concerned has been notified of the decision. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against...

Written Answers — Department of Social Protection: Social Welfare Appeals Issues (15 Jan 2014)

Joan Burton: The person concerned is in receipt of a reduced rate of One Parent Family Payment. The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 10th January 2014 and that the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the...

Written Answers — Department of Social Protection: Child Benefit Appeals (15 Jan 2014)

Joan Burton: The Social Welfare Appeals Office has advised me that there is no record of any appeal by the person concerned having been received by that office. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Written Answers — Department of Social Protection: Pensions Legislation (15 Jan 2014)

Joan Burton: The Social Welfare and Pensions (No. 2) Act 2013 amends the Pensions Act to change the manner in which the resources of a pension scheme are distributed on the wind up of a scheme and to broaden the options available to the trustees of a scheme when considering a restructure of scheme benefits. These changes essentially provide for the sharing of the risk of scheme underfunding across all...

Written Answers — Department of Social Protection: Disability Allowance Appeals (15 Jan 2014)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 8 January 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department...

Written Answers — Department of Social Protection: Jobseeker's Allowance Appeals (15 Jan 2014)

Joan Burton: The person concerned was refused Jobseeker’s Allowance by a Deciding Officer of the Department on the grounds that her means were not disclosed. The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 15 November 2013 and that the case will be referred to an Appeals Officer...

Written Answers — Department of Social Protection: Domiciliary Care Allowance Applications (15 Jan 2014)

Joan Burton: An application for domiciliary care allowance was received on the 30th October 2013. The application was not allowed as it was considered that the child does not meet the eligibility criteria for the allowance. A decision letter issued to the customer on the 6th January 2014 advising of this decision. In the case of an application which is refused on medical grounds the applicant may...

Written Answers — Department of Social Protection: Social Welfare Appeals Issues (15 Jan 2014)

Joan Burton: I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. However, following the submission of additional evidence the Appeals Officer agreed to review the case, and as a result of that review, the appeal was allowed. The person concerned has been notified of...

Written Answers — Department of Social Protection: Social Welfare Benefits (15 Jan 2014)

Joan Burton: The overall concern of the Government in recent budgets has been to protect the primary weekly social welfare rates. Maintaining the rate of the State pension and other core payments is critical in relation to protecting people from poverty. To allow us to protect these core payments, we have had to look very carefully at other additional payments. The cost of the telephone allowance scheme...

Written Answers — Department of Social Protection: Carer's Allowance Appeals (15 Jan 2014)

Joan Burton: The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister...

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