Written answers

Tuesday, 19 January 2010

Department of Social and Family Affairs

Social Welfare Benefits

9:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 731: To ask the Minister for Social and Family Affairs the reason for the delay in an appeal for jobseeker's benefit being determined in respect of a person (details supplied) in County Dublin in view of the fact that the appeal was lodged on 16 October 2009; and if she will make a statement on the matter. [48448/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmental papers and comments on the grounds of appeal in the case of the person concerned have been sought. When received, the appeal in question will be referred to an Appeals Officer for early consideration.

There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals.

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 James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 732: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has been refused jobseeker's allowance; and if she will make a statement on the matter. [48471/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for Jobseeker's Allowance, by the person concerned, was disallowed by a deciding officer of the Department on the ground that she was not habitually resident in the state for Social Welfare purposes.

I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been 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.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 733: To ask the Minister for Social and Family Affairs the reason a person (detailed supplied) in County Longford has been refused illness benefit; and if she will make a statement on the matter. [48472/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for illness benefit, by the person concerned, was disallowed by a Deciding Officer of the Department on 25th November 2009 following an examination by a Medical Assessor who expressed the opinion that she was capable of work.

I am advised by the Social Welfare Appeals Office that an appeal was opened on 12th December 2009 and in accordance with statutory requirements the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed.

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 James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 734: To ask the Minister for Social and Family Affairs when an application for carer's allowance will be processed in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [48477/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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On 14 January 2009 the person concerned was refused Carer's Allowance on the grounds that the person being cared for does not require full time care and attention. She was also refused on the grounds that she is not providing full time care and attention. She was notified of this decision, the reasons for it and of her right of review or appeal to the Social Welfare Appeal's Office.

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.

Photo of Paul GogartyPaul Gogarty (Dublin Mid West, Green Party)
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Question 735: To ask the Minister for Social and Family Affairs the reciprocal arrangements that exist between the United Kingdom and here regarding social welfare payments; and if she will make a statement on the matter. [48495/09]

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, including the UK, 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 will pay contributions to when, for example, the person moves from one Member State to another to take up work, or where the person lives in one State and works 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.

In addition, Ireland has separate bilateral social security Agreements with the United Kingdom dating back to the 1960's which have been consolidated and updated as required.

The current Agreement which came into effect on 1 October 2007, provides for the repeal of the previous agreements which had been superseded by EU Regulations. Provision was made to extend social security protection for migrant workers moving between Ireland and the Isle of Man and the Channel Islands which are outside the EU. The Agreement not only protects pension entitlements, but also protects entitlement to certain short term payments, for example, unemployment and sickness.

The agreement is currently in operation and working satisfactorily.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 736: To ask the Minister for Social and Family Affairs the reason for the delay in awarding jobseeker's allowance in respect of a person (details supplied) in County Kildare. [48539/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for Jobseeker's Allowance on 19th November, 2009. An investigation by a social welfare inspector is necessary in this case and a decision will be made on the persons claim as soon as this investigation is complete.

The person can apply for Supplementary Welfare Allowance from the local community welfare officer while his application for Jobseeker's Allowance is being processed.

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)
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Question 737: To ask the Minister for Social and Family Affairs the reason an application for domiciliary care allowance in respect of a person (details supplied) in County Galway was refused; and if she will make a statement on the matter. [48546/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, almost all of the time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.

An application for Domiciliary Care Allowance was received by the Department on 29th October 2009. This application was referred to one of the Departments Medical Assessors who found that the child in question did not meet the medical criteria to qualify for Domiciliary Care Allowance.

A letter issued to the person in question on 4th December 2009 where she was advised of the decision to refuse Domiciliary Care Allowance for not satisfying the medical criteria. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office. No request for a review or appeal of the decision has been received to date.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 738: To ask the Minister for Social and Family Affairs when a decision will be made on the application made in the case of a person (details supplied) in County Cork for domiciliary care allowance. [48555/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that it requires the child needing care and attention and / or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, almost all of the time, so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months.

An application for Domiciliary Care Allowance was received by the Department on 24th August 2009. This application was referred to one of the Departments Medical Assessors who found that the child in question did not meet the medical criteria to qualify for Domiciliary Care Allowance.

A letter issued to the person in question on 15th October 2009 where she was advised of the decision to refuse Domiciliary Care Allowance. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed by a different Medical Assessor specially designated for this task.

The person in question has supplied additional information and the case will now be reviewed by a different Medical Assessor.

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