Written answers

Wednesday, 12 January 2011

Department of Social and Family Affairs

Social Welfare Benefits

2:30 pm

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 673: To ask the Minister for Social Protection when child benefit will be awarded to a person (details supplied) in County Kildare; and if he will make a statement on the matter. [48445/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned submitted a number of claims for Child Benefit in respect of her son. Her claim was disallowed on each occasion as she did not satisfy the habitual residence condition.

Her spouse subsequently submitted a claim in respect of their son and was awarded Child Benefit from January 2010. This claim has been paid up to and including January 2011. However, this payment is currently suspended as he has failed to return correspondence within the requested timeframe. The correspondence consisted of a residency certificate which issued on the 25th November and to which a response was required within 21 days.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 674: To ask the Minister for Social Protection the reason a difference in determination of means emerged in the case of a person (details supplied) in County Kildare as between his Department and the Health Service Executive while despite mortgage arrears, ESB and other utility bill arrears, it has not been found possible to offer any assistance from any quarter, notwithstanding that persons in a similar situation have received hardship payment; if he will ensure the case is fully investigated; and if he will make a statement on the matter. [48447/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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The Health Service Executive has advised that there is no record of a claim under the supplementary welfare allowance (SWA) scheme for the person in question.

The Department's records show that a claim for disability allowance (DA) from the person concerned was disallowed in December 2009 by a Deciding Officer who deemed that his weekly means were higher than the statutory limit for DA. The means assessed were derived from the insurable employment of the spouse of the person concerned. Under Social Welfare legislation, mortgage repayments and utility bills are not deductable when calculating means.

A letter issued to the person concerned in December 2009 advising him of this decision and of his right of appeal to the independent Social Welfare Appeals office. The person concerned subsequently appealed this decision to the independent Social Welfare Appeals Office who upheld the decision to refuse DA. The person concerned was notified of this decision in writing in May 2010.

The methodology for calculating an individual's means, and the income disregards allowed can vary from scheme to scheme. The operational guidelines on the Department's website provides details of income assessments for means tested schemes.

Should the person concerned wish to make an application for assistance under the SWA scheme he should contact the community welfare officer at his local health centre in order that he can have his claim for entitlements examined.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 675: To ask the Minister for Social Protection the current social welfare payment received by a person (details supplied) in County Kildare; if this payment will continue pending a current claim; and if he will make a statement on the matter. [48449/10]

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 is currently in receipt of a basic supplementary welfare allowance payment and a rent supplement payment at the rate appropriate to his particular circumstances. The assessment of entitlement made by the community welfare officer takes into account the family composition and all household income.

The person concerned will continue to receive these payments until there is a change in circumstances which would warrant a review of his entitlements.

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