Bernard Allen (Cork North Central, Fine Gael)
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Question 363: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Cork is receiving no social welfare benefit or assistance from the State; and if there will be a reassessment of their case. [37251/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). Apart from a number of excluded categories, anyone in the State who satisfies a means test, has applied for any other benefit or allowance to which they may be entitled, has registered for work with FÁS, if they are of working age, or is incapable of work by reason of some specific disease or physical or mental disability and satisfies a habitual residency test, may qualify for a weekly payment of SWA.

The person concerned claimed Illness Benefit (IB) in the past but his claim was disallowed as he failed the qualifying contribution conditions. He was however awarded credited PRSI contributions in respect of medical evidence of incapacity for work submitted but was found capable of work by a Medical Assessor in 2006. The IB claim for the person concerned was closed from 26th July 2008 as he submitted a final certificate of incapacity for work. He then applied for Jobseekers Allowance (JA) on 29 July 2008. The JA claim was disallowed by a Deciding Officer with effect from 29 July 2008 on the grounds that he was not available for employment and he was also not seeking full-time employment. He recently lodged an appeal against the decision to refuse JA.

The person concerned was in receipt of SWA and rent supplement until early October 2008 at which stage both payments were temporarily suspended pending a full examination of his claim by the HSE. Following this examination, the southern area of the HSE has advised that SWA and rent supplement payments have been reinstated pending the outcome of his appeal for JA. Payment of arrears is also being made for the period in October when his claim was temporarily suspended.

Michael Ring (Mayo, Fine Gael)
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Question 364: To ask the Minister for Social and Family Affairs if she will provide a total and complete breakdown of the way arrears were calculated for a person (details supplied) in County Mayo. [37254/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for jobseekers allowance on 11 Feb 2008. Until a decision was given on his claim in April, 2008, he received supplementary welfare allowance based on a nil means assessment. In April, 2008, a Deciding Officer assessed his means at €194.00 per week, giving him a jobseekers allowance entitlement of €183.10 per week. The amount of supplementary welfare allowance he received in the period exceeded his jobseekers allowance entitlement by €2,153.60.

On 10 October, 2008, a Deciding Officer revised his means assessment to nil with effect from 1 May, 2008, giving him a jobseekers allowance entitlement of €401.10 per week, from that date. Arrears of €4,203.33 were due to him as a result of this decision. However, this amount was reduced by €2,153.60 to recover the excess of supplementary welfare allowance paid to him. The net amount of arrears due to him was €2,049.70. An arrears payment of this amount issued to him on 17 October, 2008. 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.