Colm Burke (Cork North Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

439. To ask the Minister for Employment Affairs and Social Protection if consideration would be given to review the reasons that a person (details supplied) was unsuccessful in their carer's allowance appeal despite having acted upon the reasons for their initial refusal and providing sufficient documentary evidence as confirmation of their new circumstances; and if she will make a statement on the matter. [22434/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

The Social Welfare Appeals Office has advised that the question under appeal in this case is whether, at the date of claim, the appellant was engaged in self-employment for over 18.5 hours per week.

The person applied for carer’s allowance in August 2022. In October 2022 she informed the Department's Social Welfare Inspector that she worked as a self-employed book-keeper for eight hours a day. On 1 November 2022 a Deciding Officer refused the application on the basis that the person was engaged in employment for more than the maximum of 18.5 hours per week allowed under the scheme

For the appeal to succeed, the person must meet the statutory requirements at the date of claim. At the date of the claim on 18 August 2022 the appellant was engaged in self-employment for over 18.5 hours per week and the appeal was therefore disallowed by an Appeals Officer's decision issued on 31 March 2023.

As already stated in the Appeals Officer's decision, if the person’s circumstances have changed since her initial application it is open to her to make a new application providing evidence of her changed circumstances.

I trust this clarifies the matter for the Deputy.