Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context

Question 142: To ask the Minister for Social and Family Affairs if his attention has been drawn to the fact that a person (detail supplied) in County Kildare emphatically rejects the suggestion that they are not a separated spouse which was the criteria used to refuse their application for one parent family allowance and if he will therefore re-examine the case. [9948/08]

Martin Cullen (Waterford, Fianna Fail)
Link to this: Individually | In context

The person concerned came to Ireland, from Nigeria, in February 2003 and first applied for One Parent Family Payment in July 2005. Her circumstances were investigated by a Social Welfare Inspector who reported that, in her view, the person concerned had not established that she is a separated person within the meaning of the Social Welfare legislation and that there is evidence of an ongoing relationship with her husband. On the basis of the Inspector's report, the Deciding Officer disallowed her application to One Parent Family Payment.

The person concerned appealed the decision to the Social Welfare Appeals Office. Following an oral hearing on 20 September 2006 the Appeals Officer disallowed her appeal on the grounds that she had not shown that the marriage tie had been broken and he considered the separation to be geographic in nature. On 17 April 2007 the person concerned again applied for One Parent Family Payment. Her application was investigated by a Social Welfare Inspector who reported that her circumstances were basically unchanged from the previous investigation. On the basis of a further Inspector's report the Deciding Officer disallowed her application to One Parent Family Payment. The person concerned appealed the decision to the Social Welfare Appeals Office. Following an oral hearing on 8 January 2008 the Appeals Officer, having considered all the appellant's evidence including that adduced at the oral hearing, concluded that he was not satisfied that the appellant had established that she is a separated person within the meaning of the legislation. The appeal was disallowed. An Appeal Officer's decision is final in the absence of new facts and fresh evidence.