Jack Wall (Kildare South, Labour)
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Question 319: To ask the Minister for Social and Family Affairs the reason rent subsidiary has been reduced for a person (details supplied) in County Kildare; and if she will make a statement on the matter. [18257/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Supplementary Welfare Allowance scheme, which is administered on my behalf by the community welfare division of the Health Service Executive (HSE), provides for the payment of a rent supplement to assist eligible people who are unable to provide for their immediate accommodation needs from their own resources and who do not have accommodation available to them from any other source.

The Executive has advised that, following a review of the rent supplement in payment, it was noted that the rent charged by the landlord to the person concerned, had been reduced. As a consequence, the rent supplement payment was reduced. If the person concerned is not satisfied with this decision of the community welfare officer, it is open to her to lodge an appeal against the decision.

John O'Mahony (Mayo, Fine Gael)
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Question 320: To ask the Minister for Social and Family Affairs the reason, despite the existence of incontrovertible medical evidence from two family doctors, a person (details supplied) in County Mayo was refused the respite care grant; if this decision is in accordance with the views expressed at the introduction of the scheme; if she will re-examine this case, refer it back for a further oral hearing and make the necessary arrangements for same; and if she will make a statement on the matter. [18296/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The main conditions for receipt of Respite Care Grant are that the person or persons in respect of whom the application is made must require full-time care and attention and that the applicant must be providing that care. The legislation provides that a person is regarded as requiring full-time care and attention where they require continual supervision and frequent assistance throughout the day in connection with normal bodily functions or to avoid danger to themselves.

The person to whom the Deputy refers submitted an application for a Respite Care Grant in respect of his mother and his brother. In relation to the applicant's brother, the Deciding Officer refused the application on the grounds that the care being given is in the nature of help around the house and farm which does not constitute the care and attention envisaged by the legislation.

In relation to the applicant's mother, the application was refused on the grounds that the Deciding Officer was not satisfied that the level of care he was providing was consistent with that envisaged in the Respite Care Grant legislation. Also the Deciding Officer was not satisfied that her condition is not such that she requires the level of care envisaged by the legislation. The Deciding Officer in coming to this decision had regard to the advice of the Department's medical assessors, who reviewed all the medical evidence submitted by her General Practitioner.

The above decisions were appealed to the Social Welfare Appeals Office. The Appeals Officer, who is independent in coming to a decision, examined all the evidence submitted, including that adduced at an oral hearing, and upheld the decision of the Deciding Officer. The decision of the Appeals Officer is final and conclusive under the legislation and may only be altered in the light of new facts or fresh evidence not already presented.

The provision of full time care and attention to a person in need of such care is the fundamental qualifying condition for the scheme. Unfortunately, the person to whom the Deputy refers was deemed not to satisfy that condition and was therefore not eligible for the Respite Care Grant. It is open to the person concerned to make an application for the 2008 Respite Care Grant, if he feels that he may qualify.