Written answers

Wednesday, 25 April 2012

Department of Social Protection

Social Welfare Appeals

9:00 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 107: To ask the Minister for Social Protection if an application for invalidity pension now under appeal will be expedited and approved in respect of a person (details supplied) in County Kilkenny. [20759/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case on 01 May 2012. The person concerned has been notified of the arrangements for the hearing. 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 John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 108: To ask the Minister for Social Protection if an application for disability allowance now under appeal will be expedited in respect of a person (details supplied) in County Kilkenny. [20760/12]

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 16 February 2012 and in accordance with the statutory procedures the relevant department papers and the comments of or on behalf of the Deciding Officer 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 and Family Affairs and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 109: To ask the Minister for Social Protection the position regarding an appeal for domiciliary care allowance in respect of a person (details supplied) in County Carlow; if the appeal will be approved as a matter of urgency based on medical evidence submitted; and if she will make a statement on the matter. [20762/12]

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 15 February 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration as to whether the case may be decided on a summary basis or whether to hold an oral hearing. 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 John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 110: To ask the Minister for Social Protection if she will explain the delay in dealing with an appeal in respect of a person (details supplied) in County Kilkenny and if a decision will be expedited. [20765/12]

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 14 January 2012. 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 27 March 2012 and the appeal will be assigned to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. 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 Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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Question 111: To ask the Minister for Social Protection the position regarding an appeal of a decision not to grant carer's allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [20766/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The above named was refused carer's allowance on two separate issues, firstly that she was employed outside the home for more than 15 hours per week, contrary to the conditions of eligibility for the scheme, and secondly on the grounds that the care recipient is not so disabled as to require full-time care and attention as prescribed in regulations. On 25 January 2012, she was notified of this decision and the reasons for it. Additional information was received in respect of the number of hours she works per week and this aspect of her application was subsequently approved. However, her application remained refused on review as the care recipient does not satisfy the medical criteria for receipt of carer's allowance. The person in question was notified accordingly on 9 February 2011. There is no record, to date, of an appeal having been registered in this case.

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