Written answers

Tuesday, 5 October 2010

Department of Social and Family Affairs

Social Welfare Appeals

9:00 am

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 327: To ask the Minister for Social Protection when a decision will issue on disability allowance in respect of a person (details supplied) in County Laois in view of length of time this case is ongoing; and if he will make a statement on the matter. [34856/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 328: To ask the Minister for Social Protection if a claim for disability allowance will be approved and payment expedited in respect of a person (details supplied) in County Kilkenny. [34862/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office on 16 August 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 29 September 2010 and the appeal will be referred in due course to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 329: To ask the Minister for Social Protection if domiciliary care allowance will be paid to a person (details supplied) in County Kilkenny and if the matter will be expedited. [34863/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office on 24 May 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 27 July 2010 and the appeal will be referred in due course to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 331: To ask the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [34887/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned applied for disability allowance on 17 February 2009. He was examined by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that opinion and refused his claim and a letter issued to the person on 18 June 2009 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office. The person then sent in further medical evidence which was reviewed by a medical assessor who considered that there were no grounds to change the original opinion that the person was not medically suitable for disability allowance.

The person subsequently appealed this decision to the Social Welfare Appeals Office. Based on the evidence before him the appeals officer was of the opinion that the person had not suffered an illness, injury or disease which has continued, or may be expected to continue, for a period of at least one year and the appeal was disallowed. He was notified of this decision by the Social Welfare Appeals Office on 21 April 2010.

The person subsequently sent further medical evidence to the Social Welfare Appeals Office and his file was re-examined by an appeals officer. The Social Welfare Appeals Office wrote to him on 31 August 2010 stating that the appeals officer's original decision remained unchanged. An appeals officer's decision is final and conclusive in the absence of any fresh facts or evidence.

The person made a new application for disability allowance on 11 June 2010. 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 opinion and refused the claim and a letter issued to the person on 6 September 2010 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office within 21 days.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 332: To ask the Minister for Social Protection the reason a person (details supplied) in County Longford has been disallowed a carer's allowance in respect of full-time care provided, despite verification from the attending general practitioner; and if he will make a statement on the matter. [34894/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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On 31 March 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. She was notified of this decision, the reasons for it and of her right of review or appeal to the Social Welfare Appeals Office. She appealed this decision. However, the appeals officer upheld the decision of the deciding officer and the appeal was disallowed. On the 13/09/10 she was notified of the appeals officers' decision. The decision of an appeals officer is final in the absence of fresh facts or evidence.

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 333: To ask the Minister for Social Protection the reason a person (details supplied) in County Longford had been refused a carer's allowance; and if he will make a statement on the matter. [34895/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that, an Appeals Officer, having considered all the available evidence, disallowed the carer's allowance appeal of the person concerned. However, following the submission of additional medical evidence the appeal has been forwarded to the Appeals Officer for a review of the case. The person concerned will be contacted when the review of the appeal has been finalised. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

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