Written answers

Tuesday, 22 February 2022

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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537. To ask the Minister for Employment Affairs and Social Protection the progress to date in processing an appeal for a disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [9523/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 11 January 2022.

Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed in the light of additional evidence or new facts.

I am advised that the person concerned has submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.

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 Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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538. To ask the Minister for Employment Affairs and Social Protection the process to date in the determination of an appeal of a carer’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [9524/22]

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 can confirm that the person concerned is in receipt of CA in respect of her care recipient since 31 May 2012.

Once claims are in payment, the Department periodically reviews them to ensure that there is continued entitlement.Depending on the circumstances in each case and to make best use of resources, a review may only concentrate on a specific condition of entitlement.

A review of CA was undertaken on foot of information that the person concerned was engaged in employment.

A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care has been provided for the care recipient in their absence. Where a carer has commenced employment or increased the hours they are working, the onus is on the carer to notify the Department of the change in their circumstances.

A review initiated and their application on 5 March 2020 and the person’s file was subsequently referred to a local Social Welfare Inspector (SWI) to evaluate means and to confirm that all the conditions for receipt of carer’s allowance are satisfied.

On foot of the SWI report, correspondence issued to the person concerned on 21 September 2021 to advise that her CA and Carer’s Support Grant (CSG) payments were under review as she failed to submit information requested by a SWI. As it was not possible to determine whether she satisfies the conditions for the receipt of CA her payment was suspended from 30 September 2021. The person concerned was offered the opportunity to furnish any statement of evidence on the matter.

To date the person concerned has not responded to the correspondence of 21 September 2021. A Deciding Officer will notify the person concerned of the outcome of this review and provide them with the opportunity to review or appeal this decision.

I hope this clarifies the position for the Deputy.

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