Written answers

Wednesday, 25 January 2006

Department of Social and Family Affairs

Social Welfare Benefits

8:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 802: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo was refused the carer's allowance. [1543/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

The person concerned was refused carer's allowance on the grounds that full-time care and attention as prescribed in regulations was not required. She was notified of this decision and of her right to appeal to the Social Welfare Appeals Office.

Arising from representations from the Deputy, the case was referred for further review. However, despite further requests to the person concerned to submit additional medical evidence in support of her application, this has not as yet been provided to my Department.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 803: To ask the Minister for Social and Family Affairs if unemployment benefit will be awarded to a person (details supplied) in County Mayo. [1546/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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A claim for unemployment benefit by the person concerned was disallowed by the deciding officer on the grounds that she has not sustained a substantial loss of employment from that which is deemed to have been her normal level of employment.

The person appealed against this decision to the Social Welfare Appeals Office and in accordance with the statutory requirements the relevant departmental papers and comments of my Department were sought. These are now to hand and the case has been referred to an appeals officer who proposes to hold an oral hearing. The person will be informed as soon as the arrangements for the hearing are in place.

Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 804: To ask the Minister for Social and Family Affairs when the invalidity pension appeal will be finalised for a person (details supplied) in County Mayo. [1551/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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A claim for invalidity pension by the person concerned was disallowed by the deciding officer on the grounds that he was not considered to be permanently incapable of work.

The person appealed against this decision to the Social Welfare Appeals Office and in accordance with the statutory requirements the relevant departmental papers and comments of my Department were sought. These are now to hand and the case has been referred to an appeals officer who proposes to hold an oral hearing. The person will be informed as soon as the arrangements for the hearing are in place.

Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 805: To ask the Minister for Social and Family Affairs if his attention has been drawn to the application by a person (details supplied) in County Wexford for the carer's allowance in which the weekly means figure has been incorrectly assessed; if his attention has further been drawn to the extenuating circumstances of the applicant; the reason the disregard of your own home principle cannot be applied in this case; the steps he intends to take to ensure that the net weekly income of the applicant is examined for the purposes of means testing; and if he will make a statement on the matter. [1604/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The person concerned applied for carer's allowance on 8 July 2005. Following the necessary investigations her application was refused on 12 September 2005 on the grounds that her means exceed the statutory limit for receipt of this 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 fact that the property let in this case was previously the home of the person concerned is not relevant in 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 €1,090 per week derived from capital held and the capital value of property not personally used and enjoyed. Following the application of the €270 income disregard, that applies, her weekly means equate to a net €820. She was notified of this decision, the reasons for it and of her right to appeal to the Social Welfare Appeals Office. She appealed this decision on 19 September 2005. Her file has been submitted to the social welfare appeals officer for determination.

Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions. Any revision to the existing means test that applies would have to be considered in a budgetary context.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 806: To ask the Minister for Social and Family Affairs when an oral hearing will be scheduled for a person (details supplied) in County Mayo in order that their carer's allowance can be finalised. [1608/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The person's application for carer's allowance was disallowed by a deciding officer on the basis that he is working, on his holding, for more than ten hours per week. The person appealed this decision to the Social Welfare Appeals Office. In accordance with the statutory requirements, a submission from the deciding officer was sought. The papers have been referred to the appeals officer who proposes to hold an oral hearing. The person will be informed as soon as the arrangements for the hearing are in place.

At present the person concerned is in receipt of unemployment assistance. Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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