Written answers

Thursday, 29 June 2023

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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328. To ask the Minister for Employment Affairs and Social Protection if an application for an exceptional need's payment towards funeral expenses, currently refused, might be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [31964/23]

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.

An ANP is an overarching term used to refer to Exceptional and Urgent Needs Payments, and certain Supplements to assist with ongoing or recurring costs that cannot be met from a person’s own resources and are deemed to be necessary.

According to the records of my Department, the person’s application for an ENP for funeral expenses in respect of her late Mother were disallowed on the basis the person concerned is named as an Executor in the deceased’s will. As an Executor, the person can pay debts such as funeral expenses from the deceased’s Estate.

Following your representation, a review of the decision is underway. When the review process has been completed, the Review Officer will confirm the outcome to the person in writing.

I trust this clarifies the matter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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329. To ask the Minister for Employment Affairs and Social Protection whether the traditional response whereby a recipient of a lower rate of pension in another EU member state, qualifies the applicant who now lives here for an Irish non-contributory pension to bring the applicant up to the overall level of Irish non-contributory pension rate; and if she will make a statement on the matter. [31966/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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State Pension (Non-Contributory) is a means-tested payment for people aged 66 and over, who have a legal right of residence and habitually reside in the State, and who do not qualify for State Pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.

The eligibility conditions for State Pension (Non-Contributory) do not require the taking into account of the social insurance record of an applicant, based on any periods of employment they may have held in the state (or in any EU Member State or country with which Ireland has a Bilateral Social Security Agreement).

As the State Pension (Non-Contributory) is a means-tested payment, income received from any pensions, including those from outside the state, will form part of the assessment.

I hope this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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330. To ask the Minister for Employment Affairs and Social Protection the grounds upon which a person (details supplied) was found not to be habitually resident despite their reliance on their daughter for care; and if she will make a statement on the matter. [31967/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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State pension (non-contributory) is a means-tested payment for people aged 66 and over who have a legal right of residence and habitually reside in the state, and who do not qualify for a state pension contributory, or only qualify for a reduced-rate contributory pension based on their social insurance record.

An application for state pension non-contributory, submitted by the person concerned, was disallowed on the grounds of their failure to provide sufficient evidence of habitual residence since their first arrival in the state. To date, the only supporting documentation submitted has been a letter from the person’s daughter.

The person concerned was notified of the decision on 13 June 2023 and the reason(s) for the disallowance.

Following the Deputy's previous representation in this matter, on 22 June 2023, the Deciding Officer initiated a review of the person's state pension claim and has issued a letter to the person concerned, setting out the evidential requirements to assess their satisfaction of the habitual residency condition, in order to determine their eligibility for state pension non-contributory. On receipt of the requested documentation, a Deciding Officer will review the person's eligibility for state pension non-contributory and the person will be notified 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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331. To ask the Minister for Employment Affairs and Social Protection if and when urgent consideration might be applied in respect of an application for an appropriate disability payment in the case of a person (details supplied); and if she will make a statement on the matter. [31968/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that My Department received an application for Disability Allowance (DA) from the person concerned on 28 April 2022. The person concerned submitted a completed DA application form, a completed medical report by their doctor and additional supporting documentation on 28 April 2022.

Based on an initial review on the completeness of their application, the person concerned was requested to supply supporting documentation on 18 May 2022 and 6 July 2022 in order to make a determination on their DA eligibility. The Department received further information from the person concerned on 10 June 2022 and 26 July 2022.

Following another review of this application, the matter was referred to a Social Welfare Inspector (SWI) on 11 August 2022 for a report on the applicant's means and circumstances. The SWI requested information from the person concerned on 9 September 2022, which was only partially supplied. The person concerned failed to provide all the information sought to support their application for DA.

Based on the evidence supplied in support of this person’s application, it was not possible to establish their entitlement to DA and their application for DA was disallowed on failing to supply sufficient information to determine means.

The person concerned was notified in writing of this decision on 13 October 2022 and they were given the right to a review or an appeal. To date, no request for a review or an appeal has been received.

The person concerned can also make a new application for DA.

I trust this clarifies the matter for the Deputy.

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