Michael Healy-Rae (Kerry, Independent)
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175. To ask the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [26083/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

An application for CA was received from the person concerned on 13 July 2020.

It is a condition for receipt of a CA that the person being cared for must have such disability that they require full-time care and attention.

This is defined as requiring from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied in respect of the care recipient.

The person concerned was notified on 29 July 2020 of this decision, the reason for it and of his right of review and appeal.

The person concerned requested a review of this decision and provided further supporting medical evidence to support his review.

Following the review, the decision in relation to the medical remained unchanged.

The person concerned was notified on 16 September 2020 of this decision and the reason for it.

As the department were notified on 14 September 2020 that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO), the person concerned was also notified that his file would be submitted to the Social Welfare Appeals Office for their consideration.

A submission in support of the decision was prepared and forwarded to the SWAO for their determination on 17 September 2020.

I hope this clarifies the position for the Deputy.

Michael Healy-Rae (Kerry, Independent)
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176. To ask the Minister for Employment Affairs and Social Protection the status of a carer’s allowance application by a person (details supplied); and if she will make a statement on the matter. [26084/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

Social welfare relevant legislation provides for the continuation of payment of the allowance for up to thirteen weeks in the event that the person being cared for or the carer themselves is hospitalized or admitted to a nursing home.

The person concerned is in receipt of CA in respect of his spouse since 25 January 1996.

The person concerned forwarded my department an application for the Living Alone Allowance on 16 July 2020. On the application the person concerned wrote “wife nursing home” in reply to the question relating to changes which led to his living alone.

Following receipt of the Living Alone Allowance form a Review was instigated. Correspondence issued to the person concerned on 27 July 2020 to advise that his CA payment was under review, the reason for it and the information available to the Deciding Officer (DO). The person concerned was offered the opportunity to furnish any statement of evidence on the matter within 7 days of the date of this correspondence. The person concerned was also notified of the intent to suspend CA should it be deemed necessary by the DO after 7 days had passed.

A response was received from the person concerned on 18 August 2020, confirming that the care recipient was admitted to a nursing home and that he continued to claim CA because he had no other income source.

Correspondence issued to the person concerned on 4 September 2020 to advise that his CA has been suspended with effect from Thursday 13 August 2020 and his CA and Carer’s Support Grant (CSG) payments during the period 14 May 2020 to 16 June 2020 are being reconsidered. The person concerned was also advised that if it is found that he had a reduced entitlement or no entitlement during the above period an overpayment may be assessed against him and he may be liable to refund any monies received by him to which he was not entitled.

The person concerned was also advised to apply for the State Pension Non Contributary (SPNC) and where to apply.

The person concerned has 21 days to respond to this correspondence. If the person concerned does not reply to this correspondence the case will be decided on the basis of the evidence available.

I hope this clarifies the position for the Deputy.

Michael Healy-Rae (Kerry, Independent)
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177. To ask the Minister for Employment Affairs and Social Protection the status of a carer's allowance application by a person (details supplied); and if she will make a statement on the matter. [26086/20]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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 on 14 April 2020.

Having considered the evidence in this appeal, the Appeals Officer was of the opinion that the case could not be properly determined on a summary basis and in those circumstances decided to convene an oral hearing. However due to the restrictions arising as a result of COVID 19 in person appeal hearings were suspended since mid March 2020 and it had not been possible to schedule an oral hearing in this case prior to that suspension.

The Chief Appeals Officer has advised me that in person oral hearings have resumed recently for some essential cases and the use of video technology for remote hearings is also being examined. The use of video technology will need to ensure the maintenance of fair procedures, confidentiality, compliance with data protection and other legal requirements.

It is the intention of the Appeals Officer to hold an oral hearing in this case as soon as is practicable and the appellant will be given advance notification of 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 in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.