Written answers

Wednesday, 22 March 2017

Department of Social Protection

Carer's Allowance Appeals

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail)
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163. To ask the Minister for Social Protection if he will pay a full rate carer's allowance to a person (details supplied) in Dublin 5 backdated to 10 November 2013; and if he will make a statement on the matter. [14530/17]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Carer's Allowance (CA) is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.

The person concerned was awarded CA from 31 January 2008. CA claims are periodically reviewed to ensure continued entitlement. When her claim was reviewed in 2013 it was discovered that the person concerned had not disclosed all her means. This resulted in the termination of her CA with effect from 5 December 2013 as her means were found to exceed the statutory limit and an overpayment was assessed.

The person concerned appealed the decision. The Appeals Officer held that the decision to terminate CA should take effect from 5 December 2013.

Some of the means not originally disclosed were as a result of an award from a compensation scheme. My Department is currently drafting legislation which will result in awards from this scheme being disregarded as means for social welfare purposes. Pending the passage of this legislation through the Oireachtas, it was decided in December last year, to disregard these means in this case, on an administrative basis, from 15 December 2016.

It is for this reason that CA was re-instated to the person concerned from 15 December 2016.

The question of backdating the disregard will be considered when the legislative position has been finalised.

I hope this clarifies the matter for the Deputy.

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