Michael Healy-Rae (Kerry, Independent)
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1046. To ask the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [38792/23]

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 9 August 2023. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

Michael Ring (Mayo, Fine Gael)
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1047. To ask the Minister for Employment Affairs and Social Protection to outline the sequence of events in relation to a claim (details supplied) and explain the reason it has been referred back to the appeals office by her Department; and if she will make a statement on the matter. [38800/23]

Heather 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 confirm that my Department received an application for CA from the person concerned on 8 April 2022.

One of the qualifying conditions is that the means of the person concerned must be less than the statutory limit.

It is also a necessary condition for receipt of CA that the applicant must furnish any certificates, documents and information, which may affect their right to that payment, that an officer of the Minister may require.

On 12 April 2022, my Department requested statements for the previous 3 months for any accounts held by the person concerned or her spouse in any Bank, Post Office, Revolut, Building Society, Credit Union, or any other Financial Institution. If any accounts were closed, it is required to provide proof of closure from the financial institution stating the date of the account closure. Statements were also requested for both spouses' English pensions.

The evidence submitted in support of this application was examined and the Deciding Officer (DO) decided that the claim was disallowed as the claimant had failed to disclose their means to an officer of the Department and failed to disclose all bank accounts and details of English pensions as requested to determine the means.

The person concerned was notified on 26 May 2022 of this decision, the reason for it and of the right of review and appeal.

Following this decision, a review of the claim was requested by the applicant. However, the decision remained unchanged as the person did not provide all of the information and documentation requested.

The person concerned was notified on 24 August 2022 of this decision, the reason for it and of the right of review and appeal to the Social Welfare Appeals Office (SWAO)

On 3 November 2022, the Department was notified that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO).

The decision of the Appeals Officer (AO), dated 3 February 2023, was to allow the appeal.

However, the Department could not implement the decision of the AO as the appellant was requested by the DO to provide up to date details of a number of specific bank accounts and the appellant did not do so. An up to date means assessment could not be determined without this information.

The Appeals Office agreed to look at a possible review of the case under Section 317 of the Social Welfare Consolidation Act, 2005.

Under Section 317 of the Social Welfare Consolidation Act, 2005, an Appeals Officer may at any time revise any decision by an Appeal Officer –

(a) Where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been brought to his or her notice since the date on which the decision was given, or

(b) Where the effect of the decision was to entitle a person to any benefit within the meaning of Section 240 and it appears to the Appeals Officer that there has been any relevant change of circumstances which has come to notice since that decision was given.

The case is currently with the Appeals Officer for consideration of review and, once a decision has been made, the appellant will be notified directly of outcome.

I hope this clarifies the position for the Deputy.