Patrick O'Donovan (Limerick, Fine Gael)
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Question 276: To ask the Minister for Social Protection if she will provide the details of the average processing time for carer's allowance applications as well as the average processing time for appeals against decisions to deny carer's allowance; and if she will make a statement on the matter. [34076/11]

Joan Burton (Dublin West, Labour)
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The average time taken to award a claim for carer's allowance in the first 9 months of 2011 was 14 weeks. A total of 12, 657 applications were registered in this period and 10,499 were processed in the same period. There are currently 7,992 applications awaiting a decision. There are 51,659 carer's allowance claims in payment.

A major service delivery modernisation project is underway to improve the efficiency of administration of the carer's allowance scheme. This involves the development of IT functionality and associated business process re-organisation. It is anticipated that the new system will introduce significant processing efficiencies and a quicker and more responsive service to the customer.

Accordingly, this project is being given high priority and involves a significant level of time and commitment from the relevant staff in the Department, which has had, however, a short-term negative impact on claim processing times. The first tranche of new carer's allowance claims began to be processed under the new system in August 2011.

While these new systems and processes will facilitate a significant improvement in overall processing times it should be noted that individual claims may still take some time to process. Entitlement to carer's allowance is based on satisfying medical, means and residency conditions. In determining entitlement to the allowance there are, in certain cases, unavoidable time lags involved in making the necessary investigations and enquiries to enable accurate decisions to be made. Delays can also arise if people applying for the allowance are not in a position to supply all the necessary information in support of their claim.

I am assured that the situation is being monitored closely by the Department.

Figures from the Social Welfare Appeals Office show that, in 2010, the average processing time for carer's allowance appeals dealt with by way of summary decision was 26.9 weeks , while a case which required an oral hearing took an average of 47.3 weeks. These processing times are calculated from the registration date of the appeal to the date of its finalisation and include all activities during this period including time spent in the Department for comments by the deciding officer on the grounds of appeal put forward by the appellant and any further investigation, examination or assessment by the Department's inspectors and medical assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process.

Jack Wall (Kildare South, Labour)
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Question 277: To ask the Minister for Social Protection the reason a person (details supplied) in County Kildare has not received a rent supplement payment for a period; and if she will make a statement on the matter. [34090/11]

Joan Burton (Dublin West, Labour)
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The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned is in receipt of his full entitlement to rent supplement based on his household circumstances. Regarding the payment of arrears, the Central Rents Unit has a policy of paying significant amounts outstanding to the relative landlord. The person concerned will now be paid in his own right as all outstanding monies have been paid.

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 278: To ask the Minister for Social Protection if the application for rent supplement has been approved in respect of a person (details supplied) in Dublin 13; and when a decision will issue. [34094/11]

Joan Burton (Dublin West, Labour)
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The community welfare service (CWS) and the community welfare officers providing it transferred formally to the Department of Social Protection (DSP) from 1 October 2011. The service and the staff are now part of the DSP.

The person concerned made an application for rent supplement on 22nd August 2011 the rent was in excess of the maximum rent limit appropriate to his family composition and rent supplement was disallowed.

Pat Deering (Carlow-Kilkenny, Fine Gael)
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Question 279: To ask the Minister for Social Protection the criteria used in determining qualification for disability allowance. [34104/11]

Joan Burton (Dublin West, Labour)
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Disability Allowance is a weekly allowance paid to people with a specified disability who are aged between 16 and 66. This disability must be expected to last for at least one year and is subject to a medical assessment, a means test and a habitual residency test.

In order to satisfy the medical conditions for receipt of disability allowance a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or may reasonably be expected to continue for a period of at least a year and as a result of the condition the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the person's age, experience and qualifications.

The weekly rate of disability allowance payment depends on the amount of weekly means assessed. Under the legislative provisions set down for disability allowance means are assessable from all income, capital, investments, property which the claimant or claimant's spouse/partner/cohabitant may have with certain exceptions. When calculating a person's means from capital a special formula is used to work out the weekly rate.

In order to get disability allowance the onus is on the applicant to prove that they are habitually resident in the State. In determining whether a person is habitually resident in the State the following five factors, which have been set down in judgements given by the European Court of Justice, are relied on:

1. A person's main centre of interest.

2. The length and continuity of their presence in the Common Travel Area.

3. The length and reason for any absence from the Common Travel Area.

4. The nature and pattern of their employment, if any, in the Common Travel Area and

5. Their future intentions to live in the Republic of Ireland as it appears from their particular situation.