Finian McGrath (Dublin North Central, Independent)
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Question 251: To ask the Minister for Social and Family Affairs if assistance will be given to a person (details supplied) in Dublin 9; and if the maximum support and advice will be given. [16986/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The supplementary welfare allowance scheme, which includes rent supplement, is administered on my behalf by the Community Welfare division of the Health Service Executive. Neither I nor my Department has any function in relation to decisions on individual claims. Rent supplements are subject to a limit on the amount of rent that an applicant for rent supplement may incur. I understand that the person concerned wishes to rent accommodation at a cost in excess of the relevant rent limit. Notwithstanding these limits, under existing arrangements the Health Service Executive may, in certain circumstances, breach the rent levels as an exceptional measure. The Health Service Executive has been contacted concerning this case and has advised that according to the information available, the circumstances surrounding the case would not, in its opinion, justify awarding a rent supplement in respect of accommodation where the weekly rent is in excess of the prescribed limits. The Executive has further advised that in its view the current rent limits are not a barrier to securing accommodation in this case.

Michael Ring (Mayo, Fine Gael)
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Question 252: To ask the Minister for Social and Family Affairs if disability allowance will be awarded retrospectively to a person (details supplied) in County Mayo in view of the fact that they did not receive a payment from his Department for a number of years even though they were entitled to it; and if this award will be offset against the amount that his Department are seeking from the estate of their late mother. [17238/06]

Séamus Brennan (Dublin South, Fianna Fail)
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There is a requirement under the legislation for a claimant to make a social welfare claim within a specified period from the date their entitlement arises. In the case of Disability Allowance this is within 7 days of the date on which the claimant becomes entitled to Disability Allowance. However, provision is made in the legislation to make payments within certain limits where there is "good cause" for the submission of a late claim. In the case of Disability Allowance, payment may be made for a maximum of 6 months. If a claimant wishes to make a claim for backdating their claim beyond six months they can only do so under one of the following specific grounds:

—Where incorrect information was given by departmental error which resulted in the delay in making the claim;

—Where the person became incapacitated to such an extent that he/she was unable to make a claim;

—Where the person suffers a "force majeure";

—Where the person has a current level of financial indebtedness which cannot reasonably be financed from current income or assets.

The Deciding Officer must satisfy himself/ herself that the claimant satisfied the conditions for award of Disability Allowance during the period for which backdating is being sought. The claimant was for five years in insurable employment commencing in 1998. He claimed and received Unemployment Benefit from September 2003 to September 2004. He subsequently claimed Disability Allowance from December 2005. The claimant in this case has not made an application for backdating of his Disability Allowance. If he wishes to have his claim considered for backdating he should make application to my Department clearly setting out the grounds for such an application. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers. These officers are statutorily appointed and I have no role in regard to making such decisions. With regard to the Estate case in respect of the applicant's late mother, my Department's inspector is in touch with the family's solicitor regarding a settlement.

Michael Ring (Mayo, Fine Gael)
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Question 253: To ask the Minister for Social and Family Affairs the outcome of the review by the appeals officer in relation to the carer's benefit appeal by a person (details supplied) in County Mayo. [17239/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The person's application for carer's benefit was disallowed by a Deciding Officer on the grounds that the person was not engaged in remunerative employment prior to her claim as she was on a career break. The person appealed this decision to the Social Welfare Appeals Office and an oral hearing was held on 28 February 2006. Having considered all of the available evidence, including that adduced at the oral hearing, the Appeals Officer determined that the person cannot be considered to be in remunerative full time employment as an employed contributor and accordingly does not satisfy the relevant legislative criteria for qualification for carer's benefit. The person was notified of the decision of the Appeals Officer on 8 March 2006. The case was reviewed by the Appeals Officer following representations on behalf of the appellant. He concluded that there were no new facts or evidence which would warrant a revision of the original decision. The appellant has been advised of this conclusion. She has also been informed that it is open to her to apply for carer's allowance. 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.