Written answers

Wednesday, 8 February 2023

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Seán SherlockSeán Sherlock (Cork East, Labour)
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276. To ask the Minister for Employment Affairs and Social Protection if her Department will review a decision in respect of an application by a person (details supplied). [6062/23]

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.

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 (CA)  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 (CA) means assessment increased effectively 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 (CA) 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.  But in other cases, recipients’ payments were reduced, not because of the budget measures but because of an increase in household income. 

I can advise the Deputy that based on the information provided by the person concerned on 28 February 2022, correspondence issued to them on 16 May 2022 informing said person that their payment for Carer's Allowance (CA) was being re-considered. The information available to the Deciding Officer (DO) at that time was that the person concerned was assessed with means of €293.16 per week and this exceeded the statutory limit of €275.10 per week. The Deciding Officer also reviewed said person's entitlement based on the budget changes introduced from June 2022, and it was determined that the person concerned qualified for the weekly rate of €53.00 per week effective from 02 June 2022. 

The person concerned was notified on 16 May 2022 of this decision, the reasons for it and of the right of review and appeal.  

A further review of this decision was carried out on 2 February 2023 the outcome of which resulted in the decision remaining unchanged. I can advise the Deputy that if further updated information becomes available we will assess it accordingly.  

I hope this clarifies the position for the Deputy.

Photo of Michael LowryMichael Lowry (Tipperary, Independent)
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277. To ask the Minister for Employment Affairs and Social Protection if she will provide itemised specific details of all documentation outstanding both in the disability allowance section and the State pension section in respect of an individual (details supplied) in County Tipperary whose State pension has been stopped for two years due to an assessment of overpayment against them; the reason that the findings of the Revenue joint investigator and investigating officer from her Department who issued a decision on 30 September 2019 are not accepted and forming part of the investigation into a suspected overpayment in this case; if all documentation submitted on behalf of this individual received both by the disability allowance section and the State pension section has been shared with both Departments; and if she will make a statement on the matter. [6122/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned was in receipt of Disability Allowance from 2001 to 2017 at which time they transferred to State Pension Non-Contributory. Both payments are subject to a means test.

Following a review of the person’s entitlement to both payments, overpayments were assessed based on the existence of previously undisclosed capital held in multiple bank accounts. An appeal against the overpayment in respect of State Pension Non-Contributory was disallowed. At this time, payment of State Pension Non-Contributory is suspended because of the failure to supply information requested by the Deciding Officer to allow a decision on the person’s current entitlement to payment. 

The person concerned asserts that the bank accounts which have been assessed as capital actually belong to their children. My officials have sought to confirm this, specifically asking for detailed statements from those children, including confirmation of the source of the monies used to open the accounts.

Following representations from a family member acting on behalf of the person concerned, an email issued on 20 December 2022 setting out in detail what information is required. While some further information has been received, there is still outstanding documentation required. The investigation is continuing, and the person concerned will be notified of the documentation that remains outstanding. I can assure the Deputy that when this information is received, my officials will review the case further.  

I trust this clarifies the matter for the Deputy.

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