Written answers

Thursday, 18 May 2023

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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390. To ask the Minister for Employment Affairs and Social Protection to indicate on what basis a deciding officer has ruled that a person (details supplied) does not qualify for disability allowance despite his continuous medical condition over the past ten years and likelihood for this to continue; if the matter can be referred for full appeal and an oral hearing as per this parliamentary question; and if she will make a statement on the matter. [24004/23]

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

My Department received an application for DA from the person concerned on 2 December 2022. Based on the evidence supplied, his application was initially disallowed on the grounds that both the medical qualifying condition was not satisfied, and he did not satisfy the conditions of being habitually resident in the state. On receipt of further medical evidence and a valid Stamp 4, the HRC conditions were deemed to be met and the person concerned was disallowed solely on the grounds that the medical qualifying condition was still not satisfied. The person concerned was notified in writing on 15 March 2023.

Following a request, a review of the decision of 15 March 2023 was carried out and the original decision was upheld. The person concerned was notified in writing of this decision on 29 March 2023. They were given the right to request a review or to appeal the decision to the independent Social Welfare Appeals Office (SWAO). I can confirm that no request for a review or an appeal has been received to date.

This parliamentary question cannot be referred as a request for appeal. An appeal request can be submitted in writing by the customer to the Social Welfare Appeals Office (SWAO), outlining their reason for an appeal. The person concerned may wish to submit additional supporting documentation to support their application.

Contact details of the SWAO are as follows:

Social Welfare Appeals Office, FREEPOST, D’Olier House, D’Olier Street, Dublin 2, DX2 XY31 or by email to: swappeals@welfare.ie

Additional information on submitting an appeal can be found on www.gov.ie/socialwelfareappealsoffice

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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391. To ask the Minister for Employment Affairs and Social Protection If bereavement/funeral payment/death benefit grant is available to a person (details supplied); and if she will make a statement on the matter. [24005/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Under the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help meet essential expenditure which a person could not reasonably be expected to meet from their weekly income. An ANP application can be made for assistance with funeral and burial expenses where there is an inability to pay these costs, in part or in full, by the family of the deceased person without causing hardship.

For the convenience of the person concerned, a SWA application pack was posted to them on 15/05/2023. A fully completed application should be returned to the Community Welfare Service with any supporting documentation. When all the necessary information has been received the person’s application will be processed, and they will be advised of the outcome in writing.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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392. To ask the Minister for Employment Affairs and Social Protection the basis for the intended cessation of OPFA in the case of a person (details supplied); and if she will make a statement on the matter. [24009/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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One-Parent Family Payment (OPFP) is a payment for parents under 66 years who are parenting without the support of a partner and whose youngest child is under 7 years of age. A person’s eligibility to OPFP ceases when their youngest child turns 7. However they may qualify for other income supports including the Jobseeker’s Transitional Payment (JST). This is a means tested payment for people who do not live with a spouse, civil partner or cohabitant and whose youngest child is between 7 and 14 years.

As the youngest child of the person concerned will be 7 years of age in June this year, a letter has issued to the person explaining that their OPFP is ceasing shortly and advising them of the options available to them. Following your representation, a JST application form has been sent to the person concerned.

The person can return a completed application form to their local Intreo Centre together with any supporting documentation. The application will be processed promptly, and the person will be advised of the outcome in writing.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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393. To ask the Minister for Employment Affairs and Social Protection the current position in respect a carer’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [24010/23]

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.

Once 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.

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, for example occupational pensions, or pensions or benefits from another country.

In this case, the means of the person concerned are being reviewed and a letter issued to the person concerned on 21 February 2023 in this regard. Certain information and documentary evidence was requested to ensure that the person concerned remains eligible for payment.

Following receipt of documents provided by the person concerned, a further information request was issued on 9 May 2023 seeking up to date bank statements as well as clarification in relation to certain aspects of the documentation provided.

Once all requested information has been received, the review will be completed and the person concerned will be notified directly of the outcome.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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394. To ask the Minister for Employment Affairs and Social Protection the reason the maximum possible rate for carer’s allowance was not approved in the case of a person (details supplied); and if she will make a statement on the matter. [24011/23]

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.

I can advise the Deputy that separate applications for CA were received from the person concerned on 31 March 2023 and 3 April 2023 in respect of two care recipients.

It is a condition for receipt of a CA that the person being cared for must have such a disability that they require full-time care and attention.

Full-time care is defined as requiring, from another person, continual supervision and frequent assistance throughout the day in connection with normal bodily functions or continual supervision in order to avoid danger to him or herself and likely to require that level of care for at least twelve months.

It is also a condition for receipt of CA that the carer must be providing full-time care and attention. The time spent providing care each week must not be less than 35 hours per week over 5 to 7 days.

The evidence submitted in support of both applications was examined and the Deciding Officer decided that this evidence did not indicate that the requirement for full-time care was satisfied for either care recipient.

The person concerned was notified on 8 May 2023 of both decisions, the reasons for them and of their right of review and appeal.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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395. To ask the Minister for Employment Affairs and Social Protection the reason non-contributory pension is not payable or will it be restored in the case of a person (details supplied); and if she will make a statement on the matter. [24012/23]

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 confirm that my Department received an application for DA from the person concerned on 27 February 2023. She has been awarded DA with effect from 1 March 2023. The first payment will be made by her chosen payment method on 24 May 2023.

Arrears of payment due will issue as soon as possible once any necessary adjustments are calculated and applied in respect of any overlapping payments (if applicable).

The person concerned was notified of this decision in writing on 16 May 2023.

I trust this clarifies the matter for the Deputy.

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