Michael Creed (Cork North West, Fine Gael)
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Question 252: To ask the Minister for Social Protection if she will outline the manner in which she discriminates against children born through surrogacy who are legally resident in this country with regard to their entitlement to child benefit and their parents' entitlement to maternity leave or benefit; and if she will make a statement on the matter. [35464/11]

Joan Burton (Dublin West, Labour)
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Issues relating to maternity leave are a matter for my colleague, Alan Shatter T.D., Minister for Justice and Law Reform. The legislative provisions relating to maternity benefit and child benefit are contained in the Social Welfare Consolidation Act, 2005 and Statutory Instrument No. 142/2007 (as amended). Entitlement to maternity benefit is subject to the following provisions: It being certified by a registered medical practitioner that it is expected that the woman will be confined in a week specified in the certificate; In the case of an employed person, it is certified by the woman's employer that she is entitled to maternity leave under the provisions contained in the Maternity Protection Acts 1994

and 2004; and

That she meets certain PRSI and employment conditions.

With regards to child benefit, payments are made to a single adult with whom a child normally resides and in situations where the qualified child normally resides with both parents, the payment is paid to the child's mother.

In situations other than where the qualified child is normally residing with his/her parents or step-parents or is residing in a household other than where one of his/her parents resides and one of the parents is entitled to the child's custody, child benefit can be paid to the woman who has care and charge of the qualified child in the household in which the child normally resides. If there is no such woman in that household, child benefit can be paid to the head of that household. If the Deputy has a particular case that he wishes to have considered, he should provide details and my officials will be in a position to review the matter.

Bernard Durkan (Kildare North, Fine Gael)
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Question 253: To ask the Minister for Social Protection the basis on which a medical officer could determine that a person (details supplied) in County Kildare was refused invalidity pension; if she accepts this question as a basis of notice of appeal; if she will clarify the reason the community welfare office has indicated that medical evidence which has already been supplied to her Department must also be supplied to the community welfare section; if such duplication is necessary or in accordance with requirements; and if she will make a statement on the matter. [35466/11]

Joan Burton (Dublin West, Labour)
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Invalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.

This department received a claim for invalidity pension from the person concerned. The department requested medical evidence in support of this application from the person concerned and a medical diagnostic report was submitted. This report was then examined by a medical assessor who found that the person concerned is not eligible for invalidity pension as he does not satisfy the medical criteria. Accordingly, the application for invalidity pension was disallowed by a deciding officer. He was notified of this decision on 10 November 2011 and was advised of his right to request a review of the decision and also of his right to lodge an appeal with the social welfare appeals office.

If the person concerned wishes to request a review of the decision he may provide further medical evidence in support of his application. This should be sent directly to invalidity pension section. Any further medical evidence will be evaluated by a medical assessor and a decision on the review will issue to the applicant. The applicant will be notified of his right to appeal this decision if he is still not satisfied.

Unfortunately, this question cannot be accepted as a formal notification of appeal. If the person concerned wishes to lodge an appeal they should forward a letter detailing the grounds of their appeal to the social welfare appeals office. Instructions on how to request a review and/or appeal a decision are set out in the decision letter which issued to the person in question.

The person concerned applied for and was awarded supplementary welfare allowance (SWA) as an interim payment while he awaited a decision on his claim for invalidity pension. His claim for invalidity pension was disallowed. At this point there were a number of options open to him:

Apply for jobseekers allowance if capable of work

Apply for disability allowance if he was not capable of work in the longer term

Appeal against the disallowance of invalidity pension

Continue to claim SWA while any of the above was being processed.

In the interest of maintaining an income for the person concerned, assisting him to decide which social welfare scheme would be most appropriate to his needs and determining his ongoing eligibility for SWA, the community welfare service staff requested that he supply evidence of his medical circumstances. This is in accordance with normal procedure and there was no interruption to his payment while this evidence was being sought.