Michael McGrath (Cork South Central, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

60. To ask the Minister for Employment Affairs and Social Protection if she will review the requirement that the parents of some persons in receipt of disability allowance have to keep a full record of expenditure and retain all receipts for possible inspection; and if she will make a statement on the matter. [26180/18]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Under social welfare legislation where a person is medically certified as being unable to manage their own financial affairs, I as Minister may appoint an agent who is responsible for collecting the person’s social welfare payment and acting on their behalf. An application form must be completed on behalf of the person concerned and documentary evidence provided of incapacity. The agent appointed may or may not be a relative of the person concerned.The appointed agent is responsible for ensuring all payments received are used to the benefit of the person and in their best interest. They are also required, under legislation, to keep a record of all transactions involving the monies received and produce these records when requested to do so by an officer of the Minister. All receipts should be retained for the duration of the agency arrangement. Amongst their duties is the responsibility to deal with financial matters on behalf of the person concerned with the balance lodged to an account for the benefit of the person. They are also required to notify my department of any changes in the person’s circumstances.

The legislation governing the responsibilities of agents in such cases is contained in Article 202A of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (S.I. No. 142 of 2007).

There is an increasing awareness and evidence of abuse of vulnerable adults and research has shown that one of the areas of significant abuse can be financial abuse. I believe, however, that the majority of persons acting as agents collecting social welfare payments for customers unable to do so themselves, do so out of a genuine caring disposition and act in good faith.

A working group has been established in my department to examine and make recommendations on the adequacy of the current procedures and processes for agents with a view to make recommendations that comply with the Assisted Decision-Making (Capacity) Act 2015 and the Codes of Practice being developed by the National Disability Authority under the Act.