Tuesday, 30 November 2010
Department of Social and Family Affairs
Social Welfare Benefits
Entitlement to the fuel allowance is based on a household income test. If, in addition to their pension from the Department, the applicant or members of their household have a combined income of more than €100.00 per week, or savings/investments of more than €58,000, a fuel allowance is not payable. According to the information available to the Department, the person concerned is in receipt of income from employment in excess of €100.00 per week. Consequently, he is not entitled to a fuel allowance. His claim for fuel allowance was disallowed on 16th November 2010.
Question 223: To ask the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [44754/10]
An application for domiciliary care allowance (DCA) was received on the 13th August 2010 from the person concerned. This application was referred to one of the Department's deciding officers who found that the person concerned did not satisfy the requirement to be considered habitually resident in the State.
A letter issued on the 5th November advising of the decision to refuse DCA. The person concerned submitted further information to the Social Welfare Appeals Office and an appeal was registered on the 22nd November 2010. As part of the appeal process, the new information will be reviewed by a deciding officer in advance of the appeal being heard. If, on review, the customer is considered to be habitually resident, the claim will be put into payment immediately; if not, the file will be submitted to the Appeals Office for its decision.
Question 224: To ask the Minister for Social Protection if the assessment of rental income for the purpose of family income supplement is based on the gross rental income or on the net income after tax, income levy and PRSI have been deducted, and if he will identify the specific Act or statutory instrument establishing same. [44800/10]
The legislative provisions for the assessment of rental income for family income supplement, FIS, are contained in the Social Welfare (Consolidated Payments Provisions) Regulations, 2007 Section 172 to 177 as amended by Article 5 of S.I. No. 148/07. Article 5 of S.I. No. 148/07 provides for the assessment of rental income for family income supplement purposes by specifically excluding it from income that can be disregarded when determining weekly family income for FIS purposes. This Article does not provide for any deductions from gross rental income when assessing this income. Accordingly gross rental income is assessable in full for determining weekly family income for FIS purposes.