Written answers

Thursday, 23 March 2017

Department of Social Protection

Carer's Allowance Appeals

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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120. To ask the Minister for Social Protection if an application for carer's allowance in the case of a person (details supplied) will be re-examined in view of the fact it would appear that some medical evidence was not considered; and if an oral hearing will be arranged in order that the details of the medical circumstances can be explained. [14655/17]

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Carer's Allowance (CA) is a social assistance payment made to persons who are providing full-time care and attention to a person with a disability requiring that level of care and whose income falls below certain limits.

Where the carer and care recipient live apart from each other, it is a condition for receipt of CA that there must be a system of communication between their homes.

All of the evidence submitted in support of this application was examined by a deciding officer.

It was decided that the person concerned was not entitled to CA on the grounds that the evidence did not indicate that care recipient required full-time care and attention and on the grounds that the carer was not providing full time care and attention as required and that there was no system of communication between households.

The person concerned was notified on 8 July 2016 of this decision, the reasons for it and of her right of review and appeal.

The person concerned appealed this decision and the case was submitted to the Social Welfare Appeals Office (SWAO) on 10 November 2016 for determination. An appeals officer (AO), having fully considered all of the available evidence, disallowed the appeal.

The person concerned was notified on 14 February 2017 of the AO's decision and was provided at that time with an explanation of the basis for this decision to disallow the appeal.

Under Social Welfare legislation, the decision of an AO is final and conclusive and may only be reviewed in the light of additional evidence or new facts.

The file has since been recalled by the SWAO and was forwarded to that office on 10 March 2017.

The SWAO are an independent office and it is a matter for them as to whether an oral hearing is required. However the person concerned could contact that office in writing with their request.

I hope this clarifies the matter for the Deputy.

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