Written answers
Tuesday, 22 May 2012
Department of Social Protection
Social Welfare Appeals
9:00 pm
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 386: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for carer's allowance. [25278/12]
Joan Burton (Dublin West, Labour)
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The person concerned was refused carers allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. She was notified of this decision, the reasons for it and of her right of review or appeal. Additional medical evidence was received and forwarded to the Department's medical assessor for consideration. However, this information did not alter the opinion of the medical assessor and the decision remained unchanged. She appealed this decision to the Social Welfare Appeals Office and submitted further medical evidence in support of her appeal. This information has been forwarded to the medical assessor for further consideration. If the outcome remains unchanged a submission will be prepared and her file and papers will be forwarded to the Social Welfare Appeals Office for determination.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 387: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on review of carer's allowance. [25281/12]
Joan Burton (Dublin West, Labour)
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Following a report from an investigative officer, payment of carers allowance to the person concerned was stopped on the grounds that the person concerned had not shown that she is providing full time care and attention as laid down in scheme guidelines. On 12 July 2011, she was notified accordingly.
She appealed this decision to the Social Welfare Appeals Office. However, an appeals officer, having fully considered all the evidence, disallowed the appeal as she had not established that she is providing full-time care. She was notified of the decision on her appeal on 6 December 2011.
The decision of an appeals officer is final and may only be reviewed in the light of new evidence or new facts not already presented at the time of appeal. She subsequently submitted further information to the appeals officer. The appeals officer reviewed the appeal and decided to uphold his original decision and disallow the appeal. She was notified accordingly on 30 April 2012.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 388: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for carer's allowance. [25282/12]
Joan 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 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, 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.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 389: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for disability allowance. [25289/12]
Joan 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 has agreed to review the case. The person concerned will be contacted when the review of her 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.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 390: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [25291/12]
Joan Burton (Dublin West, Labour)
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I confirm an application was received from the above named. My Department is aware that the care recipient in this case was seriously ill and has since passed away. However, in order for a decision to be made on the application, it was necessary for his file to be referred to an investigative officer of the department for means assessment and confirmation that all aspects for receipt of carer's allowance were satisfied for the period in question. On completion of the necessary investigations relating to all aspects of his claim a decision will be made and the person in question will be notified directly of the outcome
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 391: To ask the Minister for Social Protection when a person (details supplied) in County Kildare may expect a decision on an appeal for carer's allowance. [25292/12]
Joan 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 available evidence including that adduced at oral hearing allowed the appeal of the person concerned. The person concerned was notified of the Appeals Officer's decision on 16 May 2012. 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.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 392: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for invalidity pension. [25293/12]
Joan 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 17 September 2011. 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 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, 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.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 393: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [25294/12]
Joan Burton (Dublin West, Labour)
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I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of his case a decision will be made and the person concerned will be notified directly of the outcome
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 394: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [25296/12]
Joan Burton (Dublin West, Labour)
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I confirm that the department is in receipt of an application for carer's allowance from the person in question. On completion of the necessary investigations relating to all aspects of her case a decision will be made and the person concerned will be notified directly of the outcome.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 395: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [25297/12]
Joan Burton (Dublin West, Labour)
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Following the successful outcome of her appeal, the person concerned has been awarded carer's allowance with effect from 27 January 2011. Arrangements are being made to put her carer's allowance entitlement into payment as soon as possible at half rate with effect from 28 January 2011 as the person in question is already included as a qualified adult on her partner's Invalidity pension.
Barry Cowen (Laois-Offaly, Fianna Fail)
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Question 398: To ask the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [25300/12]
Joan Burton (Dublin West, Labour)
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The person concerned was refused carers allowance on the grounds that the Department's Medical Assessor expressed the opinion that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. Additional medical evidence was received and forwarded to the Department's Medical Assessors for further consideration. However, this information did not alter the opinion of the Medical Assessors and the decision remained unchanged. On 1 May 2012, he was notified of this decision, the reasons for it and of his right of review or appeal.
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