Written answers

Tuesday, 29 November 2022

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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443. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect a decision on a disability allowance to be completed; and if she will make a statement on the matter. [59372/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned submitted an application for disability allowance (DA) on 21 July 2022. Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that they were substantially restricted in taking up employment.

The person concerned was notified in writing of this decision on 01 October 2022 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

An appeal was lodged with the independent Social Welfare Appeals Office (SWAO) on 22 November 2022.

The person concerned should ensure that all information relevant to their appeal has been submitted to the Social Welfare Appeals Office quoting reference number 22/22835.

I trust this clarifies the matter.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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444. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect a decision on a fuel allowance application to be completed; and if she will make a statement on the matter. [59373/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.

The fuel allowance application has been approved. The person concerned requested that payment be made as a lump sum. As the claim was awarded after the start of the fuel season, the payment will issue on a weekly basis until the end of December 2022. On the 6 January 2023 a lump sum payment will issue for the second half of the fuel season. A letter issued to the person informing them of this on the 24 November 2022.

Under the supplementary welfare allowance scheme, my Department can make additional needs payments to help meet expenses that a person is unable to do so from their weekly income. Decisions on such payments are made on a case-by-case basis.

I trust the clarifies matters.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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445. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect a decision on a carer's allowance application to be completed; and if she will make a statement on the matter. [59374/22]

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.

An application for CA was received from the person concerned on 12 August 2022.

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 is being provided for the care recipient in their absence.

The application for CA was disallowed on the grounds that the person concerned is attending a course for more than 18.5 hour per week.

The person concerned was notified on 20 September 2022 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested a review of this decision and submitted additional evidence in support of their application. Following this review the decision remained unchanged.

The person concerned was notified on 24 November 2022 of the outcome of the review, the reasons for it and of their right of appeal.

I hope this clarifies the position.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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446. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect a decision on a carer's allowance application to be completed; and if she will make a statement on the matter. [59375/22]

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.

An application for CA was received from the person concerned on 5 May 2022.

It is a condition for receipt of CA that every applicant is required to furnish a deciding officer with such certificates, documents, information, and evidence as may be required for the purpose of deciding a claim.

The person concerned did not provide documents that were requested in relation to their means and their employment. Therefore, the application for CA was disallowed.

The person concerned was notified on 6 September 2022 of this decision, the reason for it and of their right of review and appeal.

The person concerned requested a review of this decision and submitted additional evidence in support of their application.

Following a review of this information, CA was awarded to the person concerned on 18 November 2022, with effect from 7 October 2021. The first payment issued to their nominated bank account on 24 November 2022.

Arrears of allowance due from 7 October 2021 to 23 November 2022 issued on 24 November 2022.

The person concerned was notified on 18 November 2022 of this revised decision, the reason for it and of their right of review and appeal.

I hope this clarifies the position.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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447. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect a decision on a review of a carer's allowance application to be completed; and if she will make a statement on the matter. [59376/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's Allowance 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.

Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property (except their own home) or an asset that could bring in money or provide them with an income. The means test for Carer’s Allowance has been significantly eased over the years and is now one of the most generous means tests in the Social Welfare system, most notably with regards to a spouse’s earnings.

As part of Budget 2022 the income and capital limits for the Carer’s Allowance means assessment increased effective from 02 June 2022. This includes an increase in the weekly income disregard from €665 to €750 for a couple. In addition, the amount of capital disregarded in the means test increased from €20,000 to €50,000.

In advance of the implementation of the above Budget measures, the Department initiated a review of Carer’s Allowance recipients who were in receipt of a reduced rate payment in order to determine how these measures might impact on their rate of payment. In many cases, recipients’ payments were increased as a result of the Budget measures. In other cases, including the case of the person concerned, recipients’ payments were reduced, not because of the Budget measures but because of an increase in household income.

As the person concerned was receipt of a reduced weekly payment following their last means assessment conducted on 20 September 2018, a review of their claim was initiated on 12 February 2022.

A response was received from the person concerned on 15 March 2022. Based on the information provided, the Deciding Officer (DO) requested additional information on 4 May 2022.

It is a condition for receipt of CA that every claimant shall furnish such certificates, documents, information and evidence as may be required for the purposes of deciding the claim and attends at such office or place as an officer may direct.

The person concerned failed to provide the DO with information that was required to determine if their means were below the statutory limit. As the requested information was not supplied, it was decided that the person concerned was not entitled to CA and the claim was terminated with effect from 2 June 2022. The person concerned was notified on 25 May 2022 of this decision, the reason for it and of her right of review and appeal.

The person concerned requested a review of this decision on 31 May 2022. On 14 June 2022, the matter was referred to a local Social Welfare Inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of CA are satisfied.

On foot of the report of the SWI, the DO decided that the means of the person concerned were not less than the statutory limit and that they were therefore not entitled to CA.

The person concerned was notified on 19 August 2022 of the outcome of this review, the reason for it and of her right of review and appeal.

The person concerned requested a further review on 1 Sept 2022 and submitted additional evidence in support of their application.

Following this review, the decision of 19 August 2022 remained unchanged. The person concerned was notified on 14 September 2022 of the review outcome, the reason for it and of their right of review and appeal.

The department were notified on 14 October 2022 that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). On 24 November 2022, the file was forwarded to the SWAO for their independent determination.

I hope this clarifies the matter for the Deputy.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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448. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect a decision on a review of carer's allowance to be completed; and if she will make a statement on the matter. [59377/22]

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.

Once CA 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.

Following a review of means in this case, it was determined that the person concerned had assessable means from their own and their spouse’s employment of €211.58 once the disregard of €750 was applied. This resulted in a CA rate of €59.00 per week with effect from 2 June 2022.

The person concerned was notified on 18 May 2022 of this outcome, the reason for it and of their right of review and appeal.

The person concerned requested an appeal of this decision.

The Department was notified on 18 November 2022 that the outcome of the appeal is that the original decision is confirmed.

I hope this clarifies the position.

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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449. To ask the Minister for Employment Affairs and Social Protection when a disability allowance application will be processed for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [59411/22]

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

I can confirm my Department has not received an application for DA for the person concerned. A completed DA application form must be submitted to the Department in order to establish if the person concerned has an entitlement.

An application form was posted to the person concerned on 28 September 2022, 25 October 2022 and 24 November 2022.

I trust this clarifies the matter for the Deputy.

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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450. To ask the Minister for Employment Affairs and Social Protection her views on a matter (details supplied); and if she will make a statement on the matter. [59440/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The purpose of the Exceptional Needs Payment (ENP) is to assist people with essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income.

ENPs are demand led and 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.

Applications for ENPs are made under the Supplementary Welfare Allowance Scheme administered by Designated Persons in the Community Welfare Service in my Department.

According to the records of my Department, the person concerned applied for assistance with the purchase of household items and flooring for her new accommodation. Having assessed the circumstances of the claim, the Designated Person awarded the person the sum of €230 towards expenses.

A decision letter recently issued to the person concerned advising her of the outcome of her application and affording her the option of seeking a review of the Designated Person’s decision.

Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.

Following your representation, a review of the claim is being undertaken by a SWA Review Officer. When the review has been completed person will be advised of the outcome in writing.

I trust this clarifies the matter.

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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451. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on an application for fuel allowance by persons (details supplied) in County Kerry; and if she will make a statement on the matter. [59451/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.

The Fuel Allowance application for the person concerned was awarded from 23 September 2022. The person concerned was notified in writing on the 24 November 2022.

I hope this clarifies the position for the Deputy.

Photo of Anne RabbitteAnne Rabbitte (Galway East, Fianna Fail)
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452. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect to receive a response in respect of a carer's allowance application; and if she will make a statement on the matter. [59454/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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.

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on 5 August 2022 and in accordance with the statutory requirements the Departmental papers and the comments of the Deciding Officer on the grounds of appeal were sought. These papers were received on 28 September 2022 and referred on 5 October 2022 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter.

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