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Written Answers — Department of Social Protection: Insolvency Payments Scheme Eligibility (14 May 2015)

Joan Burton: My Department is continuing to review the position to establish what, if anything, can be done to progress payments to individuals in situations where employers cease trading without engaging in a formal winding-up process and who owe monies to their employees. My Department is consulting with a range of interested parties including the Office of the Director of Corporate Enforcement, the...

Written Answers — Department of Social Protection: Social Welfare Eligibility (19 May 2015)

Joan Burton: The means test for social assistance payments takes account of the income a person or couple has in terms of cash, property (other than the home) and capital. The social welfare code recognises the couple status of co-habiting couples and treats married and co-habiting couples in a similar manner. This situation is long-standing at this stage. The EEC Equality Directive 79/9 and the...

Written Answers — Department of Social Protection: Social Welfare Overpayments (19 May 2015)

Joan Burton: The overpayment occurred as the person in question was absent from the State between the dates of 5 September 2012 to 19 February 2013 while still in receipt of disability allowance (DA) contrary to the conditions for receipt of that scheme. The person in question failed to inform the department of this change. The person concerned was notified on 15 January 2014 of the decision to...

Written Answers — Department of Social Protection: Domiciliary Care Allowance Appeals (19 May 2015)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 03rdMarch 2015. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be...

Written Answers — Department of Social Protection: Mortgage Interest Supplement Scheme Appeals (19 May 2015)

Joan Burton: As outlined in previous replies to the Deputy, the most recent being PQ 15/5296, the documents outstanding to enable this case to be reviewed were set out to the client in letters from the Department on 16th May 2014, 6th August 2014 and 4th September 2014. The client was written to again on 5thFebruary 2015 requesting outstanding information and indicating that if this was not received...

Written Answers — Department of Social Protection: Invalidity Pension Appeals (19 May 2015)

Joan Burton: Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions. The department received a claim for IP for the person concerned on 13 January 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not...

Written Answers — Department of Social Protection: Disability Allowance Appeals (19 May 2015)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 14thApril 2015, 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 and...

Written Answers — Department of Social Protection: Farm Assist Scheme Payments (19 May 2015)

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 revise the means assessment in this case and, thereby, allowing the appeal of the person concerned. Following the successful appeal, the person concerned submitted additional correspondence seeking a review of the revised means assessment. Appeals...

Written Answers — Department of Social Protection: Social Welfare Eligibility (19 May 2015)

Joan Burton: Self-employed persons are liable for PRSI at the Class S rate of 4% which entitles them to access long-term benefits such as State pension (contributory) and widow's, widower's or surviving civil partner's pension (contributory) as well as maternity benefit, adoptive benefit and guardians payment (contributory). Self-employed workers may also access social welfare supports by establishing...

Written Answers — Department of Social Protection: Disability Allowance Applications (19 May 2015)

Joan Burton: The person in question was in receipt of disability allowance (DA) from 4 April 2012. Payment ceased with effect from 28 August 2012 as it was decided that her means, which were derived from her spouse’s employment, were in excess of the statutory limit for DA. A new application was received from the person concerned on 28 February 2014 and was awarded with effect from 5 March...

Written Answers — Department of Social Protection: Guardian's Payment Applications (19 May 2015)

Joan Burton: Receipt of child benefit does not imply automatic entitlement to guardian’s payment as there are a number of qualifying conditions which must also be satisfied. Consequently, any person who believes they may be entitled to guardian’s payment should complete and submit the appropriate application form, which is available on the Department’s website or which can also be...

Written Answers — Department of Social Protection: Carer's Allowance Applications (19 May 2015)

Joan Burton: The application from the person in question has been disallowed on the grounds that the applicant is working outside the home for more than 15 hours a week contrary to the statutory requirements of the scheme. The person concerned was notified on the 12th of March 2015 of this decision, the reason for it and of her right of review and appeal. The person in question has requested a review of...

Written Answers — Department of Social Protection: Disability Allowance Appeals (19 May 2015)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16thMarch 2015.It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers have been received in the Social...

Written Answers — Department of Social Protection: Commencement of Legislation (19 May 2015)

Joan Burton: The Civil Registration (Amendment) Act 2014 was enacted on 4th December 2014. The provisions of the Act will be put into operation on the basis of an implementation plan involving both procedural and system changes. This work is being progressed as quickly as possible in order that the various provisions of the Act can be commenced. The Act includes provisions to clarify what...

Written Answers — Department of Social Protection: Disability Allowance Applications (19 May 2015)

Joan Burton: The disability allowance (DA) application from the person in question was refused on medical grounds and he was notified of this decision and the reasons for it on 27 November 2014. The person concerned subsequently appealed the decision to the Social Welfare Appeals Office (SWAO). His appeal was disallowed by an appeals officer (AO) on 29 April 2015 and he was notified of this decision in...

Written Answers — Department of Social Protection: Jobseeker's Allowance Eligibility (19 May 2015)

Joan Burton: The person concerned may have the necessary number of PRSI contributions to apply for Jobseeker's Benefit (JB). A decision on eligibility can be made by the Department once an application has been received. In cases where a person does not qualify for JB an application for Jobseeker's Allowance, which is a means tested payment, may be made.

Written Answers — Department of Social Protection: Disability Allowance Appeals (19 May 2015)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 9thApril 2015. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be...

Written Answers — Department of Social Protection: Back to Work Family Dividend Scheme (19 May 2015)

Joan Burton: The regulations which underpin the operation of the new Back to Work Family Dividend (BTWFD) scheme were signed on 7thMay 2015. The claim for the person concerned, was received on 19thMarch 2015, is now awarded with first payment, including arrears issuing on 15thMay 2015.

Written Answers — Department of Social Protection: Disability Allowance Appeals (19 May 2015)

Joan Burton: The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12thMay 2015. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be...

Written Answers — Department of Social Protection: Disability Allowance Applications (19 May 2015)

Joan Burton: I can confirm that the Department received an application for disability allowance (DA) from the person concerned. Unfortunately, the application form submitted by the person in question was not fully completed. The Department has written to the person in question on 12 May 2015, pointing out the information that needs to be supplied in order for a decision to be made. A decision will...

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