Jack Wall (Kildare South, Labour)
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Question 123: To ask the Minister for Social and Family Affairs the position regarding a carer's allowance application in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [4251/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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On 26 January 2010 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. He was notified of this decision, the reasons for it and of his 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.

Michael Creed (Cork North West, Fine Gael)
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Question 124: To ask the Minister for Social and Family Affairs if she has used her ministerial discretion under section 110(2) of the Social Welfare Consolidation Act 2005; if so, if these cases related to farm spouses that established a pension entitlement retrospectively having passed the age of 66; and if she will make a statement on the matter. [4268/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Spouses who are actively engaged in a commercial partnership, including the operation of a farm, as opposed to simply being the joint owners of a property, are treated as individual self-employed contributors. In these cases both spouses are liable to pay PRSI (Class S) contributions in a timely manner.

On foot of a Programme for Government commitment an information leaflet, 'Working with your spouse: how it affects your social welfare contributions and entitlements', has been developed between the Department of Social & Family Affairs and the Revenue Commissioners to set out the social welfare and tax implications of families co-working in a shared business. It was published on the 25th of June, 2008. The leaflet clarifies that spouses who operate in a commercial partnership may be brought into the social insurance system, subject to certain criteria. In this way, both spouses incur a liability to pay self-employed PRSI and build up entitlement towards a contributory state pension and other social welfare benefits. It is open to any person to apply for recognition of a commercial partnership.

The qualifying conditions for State Pension (Contributory) require the applicant to:

- have entered insurable employment before attaining the age of 56 years

- have at least 260 paid contribution weeks since entry into insurance

- satisfy the yearly average condition.

In addition, Section 110 (1) of the Social Welfare (Consolidation) Act 2005 provides that a self-employed contributor shall not be regarded as satisfying the qualifying conditions unless:

(a) the person has paid self-employment contributions in respect of at least one contribution year before attaining pensionable age, and

(b) all self-employment contributions payable by him or her have been paid.

Section 110 (1) (a) of the Social Welfare Consolidation Act, 2005, has been on the statute books for over fifteen years and there has not been a change in policy in relation to the requirement to have paid at least one year's self employment contributions prior to reaching age 66, in order to qualify for a State Pension (Contributory).

All claims for State Pension (Contributory) arising out of the retrospective recognition of a commercial partnership are decided in accordance with Section 110 (1) of the Social Welfare Consolidation Act, 2005. Section 110 (2) has not been applied to these cases.

Approximately 1,000 people applied for recognition of a commercial partnership with their spouses. Of these, 579 cases have been decided on the basis of whether or not they qualify as a partnership. Some 508 of those were deemed to have a partnership in existence. Of these 268 applied for a State Pension (Contributory).

However, following a review of pension claims, it was found that in certain cases, the self employment contributions were all paid after the persons concerned had passed their 66th birthday. They therefore had no an entitlement to a State Pension (Contributory), and should not have been paid under this scheme. 85 claims for State Pension (Contributory) which were in payment have been disallowed and 16 customers have had their rates reduced. A further 46 customers failed to satisfy the qualifying conditions for State Pension (Contributory) and accordingly their claims have been refused.

The total amount of overpayments arising in these cases has not yet been determined. However, overpayments will be determined in the above cases and the customers will be notified and requested to repay the amounts involved. A Recovery Officer may reduce or cancel an overpayment based on the circumstances of an individual case, in line with the governing legislation.

The Department understands and apologises for the upset and distress caused to all persons concerned and regrets the administrative error involved.

Finian McGrath (Dublin North Central, Independent)
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Question 125: To ask the Minister for Social and Family Affairs if she will support the case of a person (details supplied). [4274/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned has issued proceedings under the Equal Status Act against the Department and the matter will proceed before the Equality Tribunal in due course.

Michael Ring (Mayo, Fine Gael)
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Question 126: To ask the Minister for Social and Family Affairs if he will provide the calculations for a jobseeker's allowance application in respect of a person (details supplied) in County Galway. [4290/10]

Michael Ring (Mayo, Fine Gael)
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Question 127: To ask the Minister for Social and Family Affairs if an appeal in respect of a jobseeker's allowance application will be opened in respect of a person (details supplied) in County Galway. [4291/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 126 and 127 together.

A Deciding Officer disallowed the jobseeker's allowance claim of the person concerned from 14 December, 2009 on the grounds that his means, derived from the benefit of spouse's earnings exceeded the maximum payable to a person in his circumstances.

His means were calculated as follows: Spouses' gross weekly pay of €1,054.00 less allowable payroll deductions of €411.67 giving a net weekly pay of €642.89. This figure is further reduced by €60.00 for days worked and then the remainder assessed at 60% giving him a weekly means of €350.00, to the nearest euro.

His entitlement was calculated as follows: Personal rate of €204.30 plus a qualified adult allowance of €135.60, giving a total of €339.90 less weekly means of €350.00, derived from spouse's income. As his means figure exceeded the amount payable he is not entitled to a jobseeker's allowance payment.

The Social Welfare Appeals Office has advised me that the Deputy's PQ has been accepted as notice of appeal in this case and, in accordance with statutory requirements, the person concerned has been requested to forward his grounds of appeal.

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.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 128: To ask the Minister for Social and Family Affairs if all benefit due to a person (details supplied) in County Kilkenny has been awarded; if they will be approved for rent allowance; and if she will expedite a response. [4300/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The supplementary welfare allowance scheme, which includes rent supplement, is administered on behalf of the Department by the community welfare service of the Health Service Executive. People in full-time education are normally excluded from receipt of rent supplement.

With respect to benefits due, the person concerned made an application for One-parent Family Payment on 17 September 2009. This was awarded at the maximum weekly rate of €230.30 from 17 September 2009 and €225.80 from 7 January 2010. Arrears of €2308.30 were issued to the person concerned for the period 17 September 2009 to 9 December 2009. The assessment of these arrears included a reduction of €225.00 that had been overpaid on a previous claim for Illness Benefit. This was agreed with the person concerned.

The Executive has advised that the person concerned was refused rent supplement as she is in full time education. It remains open to the person concerned to appeal the decision to refuse rent supplement to the HSE Appeals Office.