Written answers

Tuesday, 14 June 2022

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1130. To ask the Minister for Employment Affairs and Social Protection if she will review the refusal of disability allowance of a person (details supplied); if the inability to take up work was appropriately decided given the age of the applicant; and the areas of work available to them.; and if she will make a statement on the matter. [30088/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned submitted an application for disability allowance (DA) on 10 January 2022. 

The question before the Deciding Officer (DO) is whether the person is substantially restricted in accessing “employment.....of a kind which, if the person was not suffering from that disability, would be suited to that person’s age, experience and qualifications”.

Therefore, if a DO is not satisfied that a person is by reason of a disability substantially restricted in taking up any employment, the DO will then have to decide whether they are substantially restricted in taking up suitable employment having regard to the person’s age, employment history and educational qualifications.

This person's application, based upon all the evidence submitted, was refused on medical grounds as it was not found that he was substantially restricted in taking up employment.  The person concerned was notified in writing of this decision on 03 February 2022.

An appeal was lodged with the independent social welfare appeals office (SWAO).  On 10 May 2022 the SWAO notified us that the original decision was upheld and the appeal was disallowed.  The person concerned was notified directly by the SWAO regarding their appeal. 

An Appeal Officer’s decision is final and conclusive in the absence of any fresh facts or evidence.  It is open to the person in question to reapply for DA.  

I trust this clarifies the matter for the Deputy.

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

1132. To ask the Minister for Employment Affairs and Social Protection the status of a carer’s allowance review for a person (details supplied); and if she will make a statement on the matter. [30482/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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.

If a person is in receipt of another Social Welfare payment in their own right (other than unemployment payments or supplementary welfare allowance) or are being claimed as a qualified adult on their spouse/partner's payment, CA can also be paid at half-rate as long as all the normal conditions for receipt of CA are satisfied.

The person concerned has been in receipt of half-rate CA since 3 December 2015 as she was also in receipt of a primary payment in her own right from this Department.

Following a request to review the rate of CA, it has been decided that the person concerned is entitled to full rate CA from 10 December 2020 as the primary payment referred to ceased on 9 December 2020.

The CA claim for the person concerned has been updated and the first CA payment at full rate issued to their nominated bank account on 14 April 2022.

Arrears due from 10 December 2020 to 13 April 2022 issued to the same account on 21 April 2022.

The person concerned was notified in writing of the outcome of this review on 6 April 2022 and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

Comments

No comments

Log in or join to post a public comment.