Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 366: To ask the Minister for Social and Family Affairs if she will waive the overpayment being sought from a person (details supplied) in Dublin 3. [37266/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned was in receipt of Carer's Allowance in respect of her mother. Following investigation it came to the Department's attention that the care recipient was in full time nursing care from 17 May 2006. A carer may continue to be regarded as providing full-time care and attention while the care recipient is undergoing medical treatment in a hospital or other institution for a period not longer than 13 weeks in a year. Therefore, having regard for Section 302(b) of the Social Welfare (Consolidation) Act 2005 (SWCA93), a deciding officer found that the person concerned was not entitled to Carer's Allowance for the period 17 August 2006 to 5 September 2007. Accordingly she was overpaid by €10,832.80 and this sum is recoverable by the Department.

The person concerned was notified of this decision, the reasons for it and of her right of appeal to the Independent Social Welfare Appeal's Office. She was also notified of the overpayment recovery payment methods. 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.