Written answers
Monday, 11 September 2023
Department of Employment Affairs and Social Protection
Social Welfare Payments
Michael Healy-Rae (Kerry, Independent)
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1040. To ask the Minister for Employment Affairs and Social Protection the status of a benefit claim (details supplied); and if she will make a statement on the matter. [38662/23]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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 me that an appeal by the person concerned was registered in that office on 1 June 2023. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 12 June 2023 and the case was referred to an Appeals Officer on 14 June 2023.
The Appeals Officer has advised that a summary decision to allow the appeal has now been made and a decision letter confirming the outcome issued on the 4th September 2023.
I trust this clarifies the matter for the Deputy.
Paul Kehoe (Wexford, Fine Gael)
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1041. To ask the Minister for Employment Affairs and Social Protection to provide an update on the carer’s allowance application by a person (details supplied); and if she will make a statement on the matter. [38679/23]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's Allowance is a means-tested social assistance payment, made to persons who are providing full-time care and attention to a person who has a disability such that they require that level of care.
It is a condition for receipt of Carer's Allowance that the person being cared for must have such disability that they require full-time care and attention. This 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 Carer's Allowance that every claimant shall furnish such certificates, documents, information, and evidence as may be required for the purposes of deciding their claim.
An application for Carer's Allowance was received from the person concerned on 20 March 2023.
The application was disallowed on the grounds that the medical evidence submitted in respect of the care recipient did not indicate that the requirement for full-time care was satisfied and also for failure to provide requested information. The person concerned was notified of this decision on 12 April 2023 and informed of their right of a review and appeal.
Following a request from the person concerned for a review of this decision and the submission of information on 18 April 2023, a Deciding Officer decided that the full-time care and attention conditions remained unsatisfied. The person concerned was notified of this decision on 4 July 2023 and informed of their right to appeal this decision.
The Department has confirmation that the person concerned has requested an appeal with the Social Welfare Appeals Office (SWAO). To date, no appeal has been registered but when such notification is received by Carer's Allowance section, the file will be forwarded to the SWAO for their independent determination.
I hope this clarifies the position for the Deputy.
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