Written answers

Tuesday, 6 October 2009

Department of Social and Family Affairs

Social Welfare Appeals

9:00 pm

Photo of Dan NevilleDan Neville (Limerick West, Fine Gael)
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Question 895: To ask the Minister for Social and Family Affairs if an oral hearing for a jobseeker's allowance appeal in respect of a person (details supplied) in County Limerick will be provided as soon as possible. [33993/09]

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 898: To ask the Minister for Social and Family Affairs when an oral hearing will be heard in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [34023/09]

Photo of Brian HayesBrian Hayes (Dublin South West, Fine Gael)
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Question 907: To ask the Minister for Social and Family Affairs the position regarding an appeal of a person (details supplied) in Dublin 7; and if she will make a statement on the matter. [34227/09]

Photo of Paul KehoePaul Kehoe (Wexford, Fine Gael)
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Question 913: To ask the Minister for Social and Family Affairs the status of the jobseeker's allowance appeal for a person (details supplied); and if she will make a statement on the matter. [34479/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 895, 898, 907 and 913together.

The Social Welfare Appeals Office has advised me that each of the appeals from the persons concerned have been referred to an Appeals Officer who proposes to hold an oral hearing in each case. The persons concerned will be notified when the necessary arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 896: To ask the Minister for Social and Family Affairs the reason the farm profit figures submitted to and accepted by the Revenue Commissioners were not acceptable to her when assessing persons (details supplied) in County Mayo for farm assist; the reason they were calculated as earning a notional income from a property which has a mortgage on it but earns no rental income; if the gift of €10,000 towards the purchase of a house will be taken into consideration; if this case will be reviewed; and if she will make a statement on the matter. [34008/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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All claims for social welfare benefit and assistance payments are decided by statutory deciding officers under the relevant legislation. I have no function in these decisions. The person concerned has been in receipt of a reduced rate farm assist with effect from 2 June 2009. Farm income is assessed in accordance with statutory provisions for the assessment of means as provided for under the Social Welfare Act. Under these provisions, capital (including savings and investments) and the value of property owned but not personally used and enjoyed are assessed as means. The farm means of the person concerned were assessed by the social welfare inspector using receipts supplied with the exception of some items which were estimated, that is, farm electricity/ phone/ car and depreciation. The value of property assessed was based on a letter of valuation provided. Outstanding mortgage was deducted from the overall property valuation figure.

At present, a revised means review is being carried out in this case and the person concerned will be informed of the outcome. The question of whether the gift of €10,000 should be taken into account will be considered as part of this review.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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Question 897: To ask the Minister for Social and Family Affairs the position of an appeal by a person (details supplied) in County Clare against the decision to refuse their application for illness benefit; and if she will make a statement on the matter. [34018/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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Payment of illness benefit to the person concerned was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

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