Written answers

Thursday, 14 July 2022

Department of Employment Affairs and Social Protection

Social Welfare Payments

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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569. To ask the Minister for Employment Affairs and Social Protection if eligibility for a carer’s allowance will be reassessed in the case of a person (details supplied) given that they require full-time care and attention; and if she will make a statement on the matter. [39333/22]

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 my department received an application for CA from the person concerned on 6 May 2022.

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 the application was examined and the deciding officer decided that this evidence did not indicate that the requirement for full-time care was satisfied.

The person concerned was notified on 31 May 2022 of this decision, the reason for it and of his right of review and appeal.

A review was requested by person concerned on 13 June 2022 and additional medical evidence in support of the review was submitted on this date.

The outcome of the review is that the application was awarded to the person concerned on

12 July 2022, with effect from 12 May 2022, and the first payment will issue to his nominated bank account on 14 July 2022.

Arrears of allowance due from 12 May 2022 to 13 July 2022 will also issue on 14 July 2022.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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570. To ask the Minister for Employment Affairs and Social Protection if an application for a disability allowance will be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [39334/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that the department received an application for disability allowance (DA) from the above named person on 4 February 2022.

The person concerned was requested to supply supporting documentation on the 12 February 2022 and 08 March 2022 required by the deciding officer in order to make a decision on her eligibility.  The requested information was received by the department on the 07 March 2022 and 01 April 2022.

Her application was referred to a Social Welfare Inspector (SWI) on 25 April 2022 for a report on the person’s means and circumstances. The SWI requested information from the person concerned on the 27 April 2022, which was only partially supplied.

Based on the evidence supplied in support of this person’s application, her application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied.  It was also refused on failing to supply sufficient information to determine means. 

The person concerned was notified in writing of this decision on 24 June 2022, and they were given the right to a review or an appeal.

To date no request for a review or an appeal has been received.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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571. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39337/22]

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 confirm that my department received an application for Carer’s Allowance from the person concerned on 3 June 2022.  Additional information in relation to the person’s application was requested by a deciding officer on 9 June 2022.

Once this information is received the application will be processed without delay and the person concerned will be notified directly of the outcome.

It is not possible to confirm the automatic entitlement of the person concerned to the Carer's Support Grant until a decision can be made on the CA application.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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572. To ask the Minister for Employment Affairs and Social Protection when an invalidity pension will be awarded in the case of a person (details supplied);; and if she will make a statement on the matter. [39338/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person referred to has been awarded invalidity pension with effect from 24 February 2022 and received her first payment to her nominated bank account on 30 June 2022 and received all arrears due on 07 July 2022.  The person in question was notified of this decision on 20 June 2022. 

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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573. To ask the Minister for Employment Affairs and Social Protection the progress that has been made to date in the determination of an application for a domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [39340/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary Care Allowance (DCA) is payable in respect of a child with a disability so severe that the child requires ongoing (continual or continuous) care and attention substantially in excess of that usually required by a child of the same age.  The child must be likely to require this level of care and attention for at least 12 months. Eligibility is determined essentially on the additional care required by the child rather than the disability.

An application for DCA was received from the person concerned in respect of their child on 24 March 2022.  Their application was disallowed on 18 May 2022 as their child was not considered to satisfy the qualifying conditions for DCA.

The person concerned was notified in writing of the details of this decision on 18 May 2022 and of their right of review and appeal. 

To date, no request for review and / or appeal has been received from the person concerned. 

I hope this clarifies the position for the Deputy. 

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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574. To ask the Minister for Employment Affairs and Social Protection the progress that has been made to date in bringing about a resolution to alleged overpayment in the case of a person (details supplied); and if she will make a statement on the matter. [39341/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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On 09/11/2018 the person concerned was informed by my Department of an overpayment that had occurred on her Jobseeker’s Allowance (JA) payment during the period 09/03/2018 to 28/08/2018.

The overpayment occurred as the person concerned had received an incorrect rate of JA as a result of an increase in her weekly means.  The means assessment on the person’s JA claim had increased from €0 to €142 per week due to her spouses’ income.  This resulted in a total overpayment of €3,502.70.

Persons in receipt of a Jobseeker’s payment sign a declaration to immediately advise my Department of any change in their circumstances (e.g., commencing employment/self-employment, change in family circumstances etc.) which may affect their entitlement to a payment.  It is the responsibility of the customer to advise my Department of any change in their circumstances so that a review of their entitlement can be undertaken.

Following the Deputy’s Dáil Question No. 462, officials in my Department undertook a review of the person’s overpayment.  Having reviewed the circumstances of the overpayment, the Deciding Officer determined the decision remained unchanged.  A letter dated 31/03/2022 issued to the person concerned informing her of the outcome.

Overpayments of social welfare assistance and benefit payments arise as a consequence of decisions made under the relevant sections of the Social Welfare (Consolidation) Act, 2005 (as amended).  Customers who have been overpaid social welfare have a liability to refund the overpayment as they have been in receipt of a payment to which they were not entitled.  Where an overpayment is raised, my Department makes every effort to recover the amount overpaid.

Recovery is sought over a period without imposing undue financial hardship on the person.  My Department will work with the person concerned and consider personal circumstances in determining a repayment plan.

Repayments may be made by Debit Card, Standing Order, Direct Debit or by cheque.  Where a customer is in receipt of a Social Welfare payment, legislation allows the Department to deduct up to 15% of the personal rate of the payment, where the customer does not engage in agreeing a repayment plan.

However, every effort is made to agree a repayment plan with customers. Where a person is in employment and does not engage in agreeing a repayment plan, the Department will consider making an attachment of earnings order.

I would urge the person concerned to contact my Department's Central Debt Unit in order to discuss and agree a suitable repayment arrangement.  She can do this by emailing CentralDebt@welfare.ie or by calling 0818 927 999.    

I trust this clarifies the matter.

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