Written answers

Tuesday, 7 March 2023

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Gary GannonGary Gannon (Dublin Central, Social Democrats)
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455. To ask the Minister for Employment Affairs and Social Protection if a case of a family (details supplied) in which a child with multiple diagnoses, who has been refused several financial aides for supporting said child's medical condition can be examined and resolved. [11620/23]

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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the domiciliary care allowance appeal of the person concerned by way of a summary decision on 19 August 2022. Under social welfare legislation a decision of the Appeals Officer is generally final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts, or where there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.

I am advised that the person concerned has submitted additional medical evidence and that the Appeals Officer has agreed to review the case. The person concerned has also requested an oral hearing and I am advised that this request will be granted.

The Social Welfare Appeals Office will contact the person concerned in the near future to arrange the oral hearing.

The other matters raised by the Deputy in his question are the responsibility of the Health Service Executive.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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456. To ask the Minister for Employment Affairs and Social Protection if an application for an exceptional needs payment will be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [11623/23]

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 expenditure, which a person could not reasonably be expected to meet out of their weekly income.

The ENP scheme is 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. The ENP does not cover non-essential household or personal expenses, or costs that are the responsibility of another government department or agency.

Applications for ENPs are made under the Supplementary Welfare Allowance (SWA) 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 an ENP for assistance with medical expenses, car repairs, car tax and insurance and an energy bill. Having considered the circumstances of the case, the Designated Person disallowed the claim on the following basis;

- medical expenses are the responsibility of the Health Service Executive (HSE)

- an invoice for car repairs was not provided

- car tax and insurance costs are deemed predictable of nature and should be met from the person’s resources

- the person has already received the Government’s electricity credit of €200

A decision letter issued to the person on 27/02/2023 advising the outcome of her application and affording the person 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 Review Officer under Section 323 of that Act.

Following a request from the person concerned, a review of the decision was undertaken by a SWA Review Officer. After consideration of the person’s circumstances, the Review Officer has awarded the person an ENP of €200 to assist with energy costs, which will issue this week. Decisions made regarding other expenses sought have been upheld by the SWA Review Officer.

It is open to the person concerned to apply for car repair costs when a quotation/invoice is available.

I trust this clarifies the matter.

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