Written answers

Wednesday, 17 January 2024

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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909. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on an appeal for carers allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [57144/23]

Photo of Heather HumphreysHeather 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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts.

I am advised that the person concerned has since submitted additional evidence and that the Department has been requested to return the file to the Social Welfare Appeals Office. On receipt of this file, the Appeals Officer will review the case. The person concerned will be contacted when the review of her appeal has been finalised.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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910. To ask the Minister for Employment Affairs and Social Protection if eligibility for an exceptional needs payment for a replacement boiler can be re-examined with particular reference to the fact that the applicant (details supplied) is in receipt of an invalidity pension; and if she will make a statement on the matter. [57152/23]

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 an eligible person could not reasonably be expected to meet from their weekly income. This is an overarching term used to refer to Exceptional Needs Payments (ENPs) and Urgent Needs Payments (UNPs), and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary. ANPs are means tested and administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.

According to the records of the Department, the person concerned applied for an ANP to assist with the cost of a replacement boiler for their home heating system. This claim was disallowed on the basis that the person had adequate savings to meet the cost of the boiler. The person concerned was advised of the outcome of their application in writing and afforded the option of seeking a review of the Designated Person’s decision.

Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.

Following the Deputy’s request, a SWA Reviewing Officer reviewed the claim and considering the circumstances of the case, upheld the original decision made by the Designated Person. Correspondence issued to the person concerned on 28/12/2023 advising them of the outcome of the review.

If the person concerned requires assistance with an essential expense that they are unable to meet from their own means in the future, it is open to them to make a new application for assistance by completing a SWA1 form. This form is available in all Intreo Centres and can also be requested by calling the National CWS freephone line at 0818 60 70 80 or at www.eforms.gov.ie/en/forms/5. Alternatively, if the person concerned has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.

I trust this clarifies the matter.

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