Written answers

Thursday, 15 September 2022

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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254. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) can qualify for a payment; and if she will make a statement on the matter. [45342/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

The person concerned is currently in receipt of DA at a reduced rate. The means currently assessed on the claim are derived from her employment income.

The information provided by you has been forwarded to the relevant area to carry out a means review of her entitlement.

Once the review is complete, the person concerned will be notified in writing of the outcome.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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255. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) qualifies for illness-related payment given that they are unfit for work but are only in receipt of jobseeker’s allowance; and if she will make a statement on the matter. [45356/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned is currently in receipt of a Basic Supplementary Welfare Allowance payment.

My Department has not yet received an application for Illness Benefit or any other illness related scheme from the person concerned. From examining their insurance record, it appears that the person concerned may satisfy the PRSI contribution conditions necessary to qualify for Illness Benefit.

If the person concerned is currently unfit for work they should submit an application for Illness Benefit as soon as possible along with medical certification from their GP for the duration of their absence.

I trust this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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256. To ask the Minister for Employment Affairs and Social Protection if and when reconsideration will be given in the case of a child (details supplied) who has been assessed as having ADHD, whose application for domiciliary care allowance has been refused, who has again been expelled from school on the basis of disruptive behaviour but has been deemed by her Department as being equal to any other child of a similar age; and if she will make a statement on the matter. [45360/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary Care Allowance (DCA) is a monthly payment payable to a parent/guardian in respect of a child aged under 16 with a disability so severe that the child requires ongoing (continual or continuous) care and attention substantially over and above that usually required by a child of the same age. The child must be likely to require this extra level of care and attention for at least 12 consecutive months. Eligibility is established primarily on the additional care and attention required by the child rather than the child's disability.

An application for DCA was received from the person concerned in respect of their child on 23rd May 2022. Their application was disallowed on 20th July 2022, as the child was not considered to satisfy the qualifying conditions for DCA.

A request for a review of the above decision was received on behalf of the person concerned, on 17th August 2022.

The new information that has been provided on their behalf, has been associated with the DCA application of the person concerned and will be available for reconsideration by a deciding officer in the review process. The person concerned may also forward any other further relevant documentary or medical evidence that was not previously available to the Department for consideration. Once a full review of their DCA application has been completed, the person concerned will be notified of the outcome in writing.

DCA reviews are currently taking 6-8 weeks to process from date of receipt.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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257. To ask the Minister for Employment Affairs and Social Protection if an exceptional needs payment will be awarded in the case of a person (details supplied); if they qualify for the working family payment given that they work six days per week, travel to Dublin for work on a daily basis, have difficulty in meeting their commitments due to the fact that they tried to care for their mother and daughter; and if she will make a statement on the matter. [45361/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Supplementary Welfare Allowance (SWA) scheme is the safety net within the overall Social Welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single additional needs payments.

Under the SWA scheme, my Department can make additional needs payments to help meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the person’s own resources and are deemed to be necessary.

Payments are made at the discretion of the officers administering the scheme, taking into account the requirements of the legislation, and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.

Departmental records reflect the person concerned has not made a recent application for an Exceptional Needs Payment (ENP). It is open to the person to apply for an ENP by completing a SWA1 form and provide all relevant documents in support of her application.

For convenience, an application form has been posted to the person concerned. On receipt of a completed application and any supporting documentation, the application will be assessed and the person concerned advised of the outcome in writing.

The person is currently in receipt of a Working Family Payment of €124 per week.

I trust this clarifies the matter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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258. To ask the Minister for Employment Affairs and Social Protection if a person (details supplied) can qualify for invalidity pension given their health condition; and if she will make a statement on the matter. [45364/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Invalidity Pension (IP) is payable to an insured person who satisfies certain Pay Related Social Insurance (PRSI) contribution conditions and who is permanently incapable of work due to an illness or incapacity and for no other reason.

Claimants must have at least 260 (5 years) paid PRSI contributions (class A, E, H or S) since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their Invalidity Pension claim.

The relevant date is:

(a)any date after the completion of one year of continuous incapacity for work, or

(b)any lesser period that may be prescribed, subject to the conditions and in the circumstances that may be prescribed

where the insured person has entered into a continuous period of incapacity for work and he or she is subsequently proved to be permanently incapable of work.

A qualifying condition for IP is that a person must be regarded as being permanently incapable of work. A person is regarded as being permanently incapable of work if;

For the period of 1 year immediately before the date of application the person had been continuously incapable of work and a Deciding Officer or an Appeals Officer is satisfied that the person is likely to continue to be incapable of work for at least another year,

OR

A Deciding Officer or an Appeals Officer is satisfied that the likelihood is that the person will be incapable of work for life.

Eligibility for IP can only be established on receipt of a completed application form. The person in question should submit an IP application form and their entitlement can then be determined.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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259. To ask the Minister for Employment Affairs and Social Protection if and when favourable consideration will be given for disability allowance in the case of a person (details supplied) who suffers from MS; and if she will make a statement on the matter. [45366/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that my department received an application for disability allowance (DA) from this person on 10 August 2022.

The person concerned has been awarded disability allowance with effect from 10 August 2022. The first payment will be made by her chosen payment method on 05 October 2022.

Arrears of payment due will issue as soon as possible once any necessary adjustment is calculated and applied in respect of any overlapping payments.

I trust this clarifies the matter for the Deputy.

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