Michael Ring (Mayo, Fine Gael)
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Question 611: To ask the Minister for Social and Family Affairs the way his Department will assess a person (details supplied) in County Mayo in relation to being a care recipient in view of the fact that they were not brought in to the appeal; and if he will carry out a further medical assessment of this person. [10072/07]

Séamus Brennan (Dublin South, Fianna Fail)
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Entitlement to Carer's Allowance is based on the care recipient requiring full-time care and attention. The care recipient's doctor provides a medical report in the first instance at the time of application for the allowance. Based on this information the Department's Chief Medical Advisor forms an opinion as to whether the care recipient requires full time care and attention. The Chief Medical Advisor may request, the care recipient to attend for medical examination before forming his opinion on the issue.

The person concerned was refused carer's allowance on the grounds that full-time care and attention as prescribed in regulations was not required in this case. She was notified of the decision, the reason for it and her right to appeal, on 2 December 2005. She lodged an appeal to the Social Welfare Appeals Office and was offered the opportunity to submit additional medical evidence in support of her appeal. No additional medical evidence was received.

Following an oral hearing, the appeal was disallowed. The Appeals Officer decided that the person being cared for is not so incapacitated as to require full-time care and attention. He based his decision on the medical evidence on file and on the evidence given by the clement person concerned at the oral appeal hearing. Under Social Welfare legislation decisions in relation to claim 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.