Written answers

Wednesday, 10 March 2021

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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566. To ask the Minister for Employment Affairs and Social Protection the status of a carer’s allowance appeal by a person (details supplied); and if she will make a statement on the matter. [12639/21]

Photo of Heather HumphreysHeather 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.

I confirm that my Department received an application for CA from the person concerned on 24 October 2019.

On foot of a social welfare inspectors (SWI) report the Deciding Officer (DO) decided that although the person concerned was providing a certain amount of care, the level involved did not amount to full-time care and the application was disallowed.

The person concerned was notified on 31 January 2020 of this decision, the reason for it and of his right of review and appeal.

The person concerned appealed this decision to the Social Welfare Appeals Office (SWAO). A submission in support of the decision was forwarded to the SWAO on 13 March 2020.

My Department was notified on 26 February 2021 that the appeal had been partially allowed. Consequently, CA was awarded to the person concerned on 01 March 2021 with effect from 20 February 2020. The first payment issued to his nominated bank account on 04 March 2021.

Arrears for the period 20 February 2020 to 03 March 2021 issued to the person concerned on 04 March 2020.

The person concerned was notified of the outcome on 01 March 2021.

I hope this clarifies the position for the Deputy.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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567. To ask the Minister for Employment Affairs and Social Protection the status of a disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [12640/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered with that office on 29 January 2021. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. These papers were received on 15 February 2021.

The appeal was referred on 26 February 2021 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. Hearings are currently being conducted online or by telephone. Due to the current level of Covid-19 restrictions in-person oral appeal hearings have been suspended.

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.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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568. To ask the Minister for Employment Affairs and Social Protection the status of a disability allowance appeal for a person (details supplied); and if she will make a statement on the matter. [12641/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered with that office on 9 February 2021. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. The papers were received on 22 February 2021.

The appeal was referred on 1 March 2021 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. Hearings are currently being conducted online or by telephone. Due to the current level of Covid-19 restrictions in-person oral appeal hearings have been suspended.

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.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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569. To ask the Minister for Employment Affairs and Social Protection if the withdrawal of a disability allowance from a person (details supplied) will be examined; and if she will make a statement on the matter. [12642/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 20 October 2020. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. Those papers were received in the Social Welfare Appeals Office on 25 November 2020 and the case was assigned to an Appeals Officer on 3 December 2020.

The Appeals Officer made a summary decision on the appeal based on the documentary evidence presented and the appeal was disallowed by decision dated 25 January 2021.

I am informed that the person concerned contacted the Social Welfare Appeals Office on 11 February 2021 requesting a review of the appeal decision under section 317 of the Social Welfare Consolidation Act 2005 and subsequently provided new medical evidence on 17 February 2021. The file was requested back from the Department and returned to the Appeals Officer for review on 23 February 2021. The person concerned will be advised of the result of this review in the near future.

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.

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