Written answers

Tuesday, 2 November 2021

Department of Employment Affairs and Social Protection

Social Welfare Payments

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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582. To ask the Minister for Employment Affairs and Social Protection the progress made to date in the determination of an application for a partial capacity benefit in the case of a person (details supplied); and if she will make a statement on the matter. [52263/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person in question is currently in receipt of Partial Capacity Benefit (PCB) from my Department. Her entitlement to continued payment of PCB is due to expire with effect from 18 November 2021. A letter dated 19 October 2021 issued to the person concerned confirming that payment of PCB is due to end on that date. The letter also outlined the options available to her.

I trust this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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583. To ask the Minister for Employment Affairs and Social Protection the extent of further assistance that might be available to a person (details supplied); and if she will make a statement on the matter. [52269/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned applied for the Back to Education Allowance (BTEA) on 24/09/2021 to repeat year 4 of a third level course. The application was disallowed as the person concerned had previously been awarded BTEA for year 4 in the academic year 2020/21.

A person can only receive approval on BTEA to repeat one academic year as a full-time student and only in limited circumstances. The person concerned had previously been awarded BTEA to repeat year 3 of his third level course in 2019/20.

The BTEA is a non-statutory scheme, and therefore a person cannot appeal a decision to the Social Welfare Appeals Office. If the person concerned is not satisfied with the decision, he can request to have his case reviewed by an independent Deciding Officer. The person concerned should include any new facts or evidence in support of his case.

I trust this clarifies the matter.

Photo of Pa DalyPa Daly (Kerry, Sinn Fein)
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584. To ask the Minister for Employment Affairs and Social Protection if she will approve a child benefit application for a child (details supplied) given that information pertinent to a review of the original decision has not been forthcoming from the relevant agency. [52276/21]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Child Benefit was awarded to the person concerned from the month after receipt of their application in February 2021. As per the governing legislation, backdating to an earlier date can be considered if evidence of good cause for the delay in applying can be shown. The deciding officer in this case, having considered all the evidence provided with the application, did not consider that backdating to an earlier date was warranted. This decision was appealed to the Social Welfare Appeals Office (SWAO), with the deciding officer's decision being upheld.

If the person concerned has new evidence to support her request for backdating that has not previously been submitted, it is open to her to provide it and a deciding officer will review the case. Their decision on the review can then be further appealed to the SWAO if the person concerned is not satisfied with the outcome.

I trust this clarifies the matter for the Deputy.

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