Kevin Humphreys (Dublin South East, Labour) | Oireachtas source

I understand the position from which the Senator is approaching this issue. However, there appears to be a misconception that this section will shift the burden of proof from the Department to the claimant.It has always been the case that the onus is on the claimant, whether it be an application for the carer's allowance or any other social welfare payment, to provide any necessary information in support of his or her application to establish eligibility. There is no change in this regard. It is for the deciding officer to determine what information is required to decide on a person's eligibility for any scheme. However, I want to be clear that the deciding officer makes no presumption as to the eligibility or otherwise of any claimant for any scheme. Each claim is decided on its merits in light of the information available to the deciding officer and in accordance with the statutory conditions for eligibility set out in the relevant legislation.

In the circumstances of the changes being proposed in section 4, they will have no impact on how these three schemes currently operate and will not impact on eligibility for the schemes as it is determined. I reassure the Deputy as I know he has concerns about this but the point he set out is not the intention. I accept his good intentions in this regard. This is a tidying-up exercise in the legislation. The Deputy will not be satisfied with that response and he will probably press the question on the section to a vote.