Written answers

Tuesday, 3 November 2009

Department of Social and Family Affairs

Social Welfare Benefits

8:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 825: To ask the Minister for Social and Family Affairs if expenses earned from a source (details supplied) are fully accessed as income; and if she will make a statement on the matter. [38086/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I understand the Deputy is referring to the assessment of means for the purposes of the jobseeker's allowance scheme. In assessing means for jobseeker's allowance purposes account is taken of any cash income the person may have, together with the value of capital and property (except a person's family home). Cash income may be derived from a wide variety of sources including earnings from employment, income from self-employment including farming, income from foreign social security pensions and income from occupational pensions. Means are assessed according to different formulae, depending on their source. Legislation provides for the assessment of all income in cash and any non-cash benefits which the person or his or her spouse may reasonably expect to receive during the succeeding year.

It is not possible to give a definitive answer in relation to payments received by amateur soccer referees without knowing the specific details of such payments. However, normal out of pocket expenses in respect of travelling and/or meal allowances would not be assessable as means.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 826: To ask the Minister for Social and Family Affairs if disability benefit or invalidity pension is payable to foreign nationals living outside the State; and if she will make a statement on the matter. [38113/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The social security rights of people living and working in the EU are governed by EU Regulations 1408/71 and 574/72. The Regulations co-ordinate social security systems and are designed to ensure that people are not disadvantaged by moving within the EU to take up work. This is achieved primarily by setting out rules as to which State's social security system a person will pay contributions to when, for example, they move from one Member State to another to take up work, or where they live in one State and work in another. In addition, the Regulations also set out rules as to which State will pay benefit in the event of the usual contingencies arising, e.g. sickness, unemployment, old-age etc.

The general rule is that a person is insured in the State in which they work. Equally, the State of employment has, in general, responsibility for paying benefits when, for example, a person becomes incapacitated. Accordingly, a person who last worked in Ireland and who meets the qualifying conditions for Invalidity Pension or Illness Benefit may continue to receive that benefit in accordance with Irish legislation regardless of which Member State the person is residing or staying in. Invalidity Pension may also be payable to foreign nationals resident outside the State, provided that they meet the relevant qualifying conditions, in line with the terms of bilateral social security agreements in place between Ireland and a number of other non-EU countries. ^^ Social Welfare Appeals. ^^

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 827: To ask the Minister for Social and Family Affairs the grounds on which an appeal was disallowed in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [38153/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned appealed a decision by a Community Welfare Officer of the Health Services Executive to disallow her application for Supplementary Welfare Allowance (Rent Supplement). I am advised by the Social Welfare Appeals Office that her appeal against this decision was disallowed on the grounds that she failed to justify the family's move from social housing in Waterford to private rented accommodation in Dublin. The reasons for the disallowance were explained in full to the person concerned in a letter to her dated 9th October 2009, informing her of the outcome of her appeal.

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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