Written answers

Wednesday, 29 September 2010

Department of Social and Family Affairs

Social Welfare Benefits

11:00 pm

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 1294: To ask the Minister for Social Protection the reason for the delay in awarding rent subsidy to a person (details supplied) in County Kildare. [32976/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Health Service Executive (HSE) has advised that the person concerned has made an application for rent supplement but no decision has been made on her application to date. The HSE further advised that the person concerned has vacated accommodation provided by a local authority and has requested the person concerned to provide further information in relation to same. A decision will be made on her application when the information requested by the HSE has been provided.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 1295: To ask the Minister for Social Protection the reason for the delay in awarding rent subsidy to a person (details supplied) in County Kildare. [32977/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Health Service Executive (HSE) has advised that the person concerned was refused rent supplement as his rent was in excess of the maximum rent limit for his family size and he was notified of the decision. The HSE has further advised that they have received further information from the person concerned and are currently reassessing his claim for rent supplement. The HSE will be in contact with the person concerned when they have reassessed his claim.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 1296: To ask the Minister for Social Protection the reason for the delay in awarding rent subsidy to a person (details supplied) in County Kildare. [32978/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Health Service Executive has advised that the person concerned has been awarded rent supplement of €896 per month.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 1297: To ask the Minister for Social Protection the reason for the delay in awarding rent subsidy to a person (details supplied) in County Kildare. [32979/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Health Service Executive has advised that the person concerned was refused rent supplement as his income is sufficient to meet his accommodation costs. If the person concerned is not satisfied with the decision of the HSE then it remains open for him to appeal the decision to the HSE Appeals Office.

Photo of Emmet StaggEmmet Stagg (Kildare North, Labour)
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Question 1298: To ask the Minister for Social Protection the reason a person (details supplied) in County Kildare was refused rent subsidy. [32980/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Health Service Executive (HSE) has advised that the person concerned has made an application for rent supplement but no decision has been made on her application to date. The HSE further advised that the person concerned was requested to provide a housing needs assessment or proof of renting for more than 183 days in order to make a decision on her application. A decision will be made on her application when the information requested by the HSE has been provided.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 1299: To ask the Minister for Social Protection the reason an application for domiciliary care allowance in respect of a person (details supplied) in County Kilkenny has been refused; and if the case will be reviewed. [32985/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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In order to qualify for Domiciliary Care Allowance a child must have a disability so severe that the child needs 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, effectively full-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.

Eligibility for Domiciliary Care Allowance is not based primarily on the medical or psychological condition, but on the resulting lack of function of body or mind necessitating the degree of extra care and attention required. Each application is assessed on an individual basis taking account of the evidence submitted. In the case in question an application for Domiciliary Care Allowance was received by the Department on 4th February 2010. This application was referred to one of the Department's Medical Assessors who found that the child in question was not medically eligible for Domiciliary Care Allowance.

The person in question was advised of the decision to refuse Domiciliary Care Allowance, on medical criteria grounds, on 8th March 2010. The person in question lodged an appeal of this decision with the Social Welfare Appeals Office. On 14th September 2010 the person in question was informed by the Social Welfare Appeals Office that the appeal in her case had not been successful.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1300: To ask the Minister for Social Protection when child benefit will be awarded in the case of a person (details supplied) in Dublin 8; and if he will make a statement on the matter. [32988/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Child benefit has been awarded to the person concerned and payment for October 2010, along with all arrears due, will be lodged to the nominated bank account on 5th October 2010.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1301: To ask the Minister for Social Protection when jobseeker's allowance will be reinstated in the case of a person (details supplied) in Dublin 15; and if he will make a statement on the matter. [32989/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Payment to the person concerned has been suspended and an investigation is under way as to his continuing entitlement. Once the investigation is complete and a report submitted, a Deciding Officer will make a decision on his claim and he will be notified of the outcome.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1303: To ask the Minister for Social Protection when disability allowance will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32991/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned does not have a current application for disability allowance lodged with the department. The person concerned originally applied for disability allowance on 26 February 2008. His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that medical opinion and further decided that the person in question was not habitually resident in the State. As he failed to satisfy the medical and habitual residence conditions, his claim was refused. A letter issued to him on 7th August 2008 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office.

The person applied again for disability allowance on 27 November 2008. While the medical assessor gave the opinion that the medical condition was satisfied on the basis of the medical evidence supplied with that application, it was decided that he was not entitled to disability allowance as he did not satisfy the habitual residence condition. A letter issued to him on 29th January 2009 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office.

The person subsequently appealed this decision. The Appeals Officer decided that the person was not habitually resident in the State and the appeal was disallowed on 12 August 2009. An Appeal's Officer's decision is final and conclusive in the absence of any fresh facts or evidence.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1304: To ask the Minister for Social Protection when payment will be restored to persons (details supplied); and if he will make a statement on the matter. [32992/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The supplementary welfare allowance scheme (SWA) is administered on behalf of the Department by the community welfare division of the Health Service Executive (HSE). The HSE have advised that there are no current claims for SWA in respect of this family. The persons concerned should contact the community welfare officer at their local health centre in order that he can have their claim for entitlements examined.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 1305: To ask the Minister for Social Protection the reason household benefits package was not backdated to date of eligibility as per previous social welfare decision and updated by way of reference to Ombudsman in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32993/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Deputy is aware that the person concerned applied for the household benefits package on 8th April 2010. The application was approved with effect from the date of receipt. Following a request to review the decision, the persons' entitlement was backdated six months to 8th October 2009 in line with the scheme's backdating policy.

The person concerned was awarded a widow's contributory pension from 24th June 2005. The normal procedure at that time was to advise the customer that they may qualify for the household benefits scheme on application. No such application was received from this customer at that time.

Provisions for backdating household benefit applications are underpinned by the Social Welfare (Consolidated Payments Provision) (Amendment) (No. 8) (Late Claims) Regulations, 2000 (S.I. No.159 of 2000). Under these regulations an application for household benefits package may be backdated for a maximum of six months where there is an underlying entitlement. There are certain circumstances in which a claim can be backdated for a period in excess of six months including where the person was provided with inaccurate information by the Department, if the delay arose because the person was incapacitated by illness or infirmity or where a persons' situation was such that it was impossible to satisfy the requirement of making a claim. None of these type of circumstances applied in this instance. The Department has no record of any Ombudsman decision in this particular case.

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