Written answers

Thursday, 21 July 2011

Department of Social Protection

Social Welfare Appeals

7:00 pm

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 347: To ask the Minister for Social Protection if, in view of the independence of the social welfare appeals office in making decisions, a case will be re-examined in the appeal for a disability allowance in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [22069/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence the Appeals Officer agreed to review the case. The person concerned will be contacted when the review of his 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.

Photo of Aodhán Ó RíordáinAodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 348: To ask the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in Dublin 3; and if she will make a statement on the matter. [22077/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that she was medically unsuitable for the allowance. An appeal was registered on 19 July 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out. 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 Billy TimminsBilly Timmins (Wicklow, Fine Gael)
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Question 349: To ask the Minister for Social Protection the position regarding carer's allowance in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [22079/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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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 21 December 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 in the Social Welfare Appeals Office on 07 April 2011 and the appeal has been referred to an Appeals Officer who will shortly decide whether the case can be decided on a summary basis or whether to list it for oral hearing.End of Take Section WRS follows.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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Question 350: To ask the Minister for Social Protection the position regarding the entitlement of Irish passport holders not resident here but who wish to retire here to non-contributory pension payment; and if, in the circumstances of a case (details supplied), she will review her decision in view of the extraordinary humanitarian situation involved; and if she will make a statement on the matter. [22087/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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In order to qualify for State pension non-contributory (SPNC) an applicant must be residing in the State and satisfy the habitual residence conditions for receipt of prescribed payments from my Department. The couple in question came to Ireland on 1 June 2011 and applied for SPNC while residing with their daughter. The couple subsequently returned to their home country shortly thereafter.

As the couple were in the State for a very short period, their applications were disallowed as the residency condition for receipt of SPNC was not satisfied. On the basis of information provided to my Department by the couple, it would appear that the couple's main centre of interest is outside Ireland and therefore, the habitual residence condition is also not satisfied.

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