Written answers

Thursday, 18 January 2024

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

229. To ask the Minister for Employment Affairs and Social Protection if she will allow an appeal for domiciliary care allowance (details supplied). [2256/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 on the 15th November 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.

These papers were received on 28th November 2023 and the case was assigned to an Appeals Officer on 16th January 2024, 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.

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

230. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on an application for an exceptional needs payment to assist with hospital treatment travelling costs by a person in County Kerry (details supplied); and if she will make a statement on the matter. [2284/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

There is a range of supports provided by the Community Welfare Service (CWS) under the Supplementary Welfare Allowance (SWA) scheme. These supports can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANPs).

My Department may make an 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 a person’s own resources, and which are deemed to be necessary. ANPs are administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.

Supports from my Department are not intended to cover circumstances where another Government Department or Agency has the primary responsibility.

Departmental records show that the person concerned has not made an application for assistance under the SWA scheme. If the person is experiencing financial difficulties, they can apply for assistance by completing a SWA1 form and providing all relevant documents in support of their application. For convenience, an application pack has been posted to the person's home address on 17/01/2024. On receipt of a completed application form and supporting documentation, the person's claim will be assessed, and they will be advised of the outcome in writing. Alternatively, if the person concerned has a verified MyGovID account he can apply for an ANP at www.MyWelfare.ie.

Further information on all of the Department’s schemes and payments is available at www.gov.ie.

I trust this clarifies the matter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

231. To ask the Minister for Employment Affairs and Social Protection to indicate the extent to which an appropriate payment is in place and arrears paid up to date in the case of a person (details supplied); and if she will make a statement on the matter. [2303/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

One Parent Family Payment (OPFP) is a payment for parents under 66 who are not cohabiting, and whose youngest child is under 7. Jobseeker’s Transitional Payment (JST) is a is a special arrangement under the Jobseeker’s Allowance scheme which a person may qualify for if they do not live with a spouse, civil partner or cohabitant and their youngest child is between 7 and 14 years old.

According to the records of my Department, the person concerned was in receipt of OPFP from 27/07/2023 until their youngest two children turned 7 years of age on 23/12/2023 and the person’s OPFP payment ceased.

The Supplementary Welfare Allowance (SWA) scheme which is the safety net within the overall social welfare system, helps eligible people in the State whose means are insufficient to meet their needs and those of their dependents. Supports provided under the SWA scheme can consist of a basic weekly payment, a weekly or monthly supplement in respect of certain expenses, as well as single Additional Needs Payments (ANP)s. The basic SWA provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or do not qualify for payment under other State schemes.

Departmental records show that when the person’s OPFP claim ended, they applied for a basic SWA which was awarded in order to allow the person time to submit a JST application. As the person concerned did not apply for JST, their basic SWA was suspended and they were contacted by a Community Welfare Officer. The person concerned advised my Department that she no longer wished to submit a JST application as her partner had moved back into her home and she had found employment. As a result, the person’s basic SWA was closed and they were advised to apply for Working Family Payment (WFP).

Under the SWA scheme, my Department may make an 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 a person’s own resources, and which are deemed to be necessary. ANPs are administered by Designated Persons in the Community Welfare Service considering the requirements of the legislation and all the relevant circumstances of the case.

If the person concerned is experiencing financial difficulties they can apply for assistance by completing a SWA1 form which is available in all Intreo Centres and Branch Offices. It can also be requested by calling 0818 60 70 80 and by using this link www.eforms.gov.ie/en/forms/5. On receipt of a completed application form and supporting documentation, the person’s claim will be assessed, and they will be advised of the outcome in writing. Alternatively, if the person concerned has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.

Further information on all of my Department’s schemes and payments is available at www.gov.ie.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

233. To ask the Minister for Employment Affairs and Social Protection to indicate if she might review the case of a person (details supplied); and if she will make a statement on the matter. [2310/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Person Concerned did not request a backdate of entitlement on their application of 22/11/2022 or application of 03/03/2023.

The Legislation limits to 6 months ( the last 6 months prior to the date the claim is actually made), the period for which payments may be backdated under the 'Lack of Knowledge' clause.

The Primary Legislation governing late claims is set out in Part 9, Chapter 1 of Social Welfare Consolidation Act 2005 (SWCA 2005) (as amended) and Section 241,342 and 342A of the Act.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

234. To ask the Minister for Employment Affairs and Social Protection to indicate if domiciliary care allowance may be deemed appropriate in the case of a person (details supplied); and if she will make a statement on the matter. [2314/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Domiciliary Care Allowance is a monthly allowance payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child deal with the activities of daily living, in areas such as mobility, personal care, feeding/diet, communication, speech/language, sleeping, behaviour, safety, sensory issues, including any other additional needs.

Eligibility for DCA is not based entirely on the child's disability/diagnosis but primarily on the impact of the disability/diagnosis in terms of the associated level of care and attention required by the child compared to a child of the same age. The assessment process that applies in the consideration of whether a child satisfies the criteria for DCA includes the examination of all relevant factors identified as impacting on the child's additional care needs.

The child concerned may qualify for DCA depending on the extent of their additional care needs compared to a child of the same age without their disability/diagnosis.

All applications are decided by a deciding officer on an individual case by case basis, in respect of the relevant child, based on the personal details provided in the application form (Dom Care1), including the signed details from the applicant's GP or other medical professional on this form, along with any additional information or documentary evidence such as medical professional report(s) or otherwise, if provided by the applicant. The deciding officer has regard to the professional opinion of a departmental Medical Assessor in the decision process in all cases.

The DCA application form is available to download online at gov.ie (Domiciliary Care Allowance Application Form (Dom Care 1)) or can be requested at any Intreo Centre, Social Welfare Branch Office or Citizens Information Centre.

A parent/guardian who is providing full-time care to a disabled child under 16 may be entitled to other related support(s) from my Department as follows, subject to satisfying the relevant qualifying criteria.

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 an adult or a qualifying child who needs support due to age, physical or learning disability or illness. In order to be eligible for CA in respect of a child aged under 16, the parent /guardian must be in receipt of DCA in respect of the relevant child.

Carer's Benefit (CARB) is a short-term PRSI-based payment which is payable for up to 104 weeks/2 years to a carer who leaves employment or reduces their hours of employment in order to care for a person including a disabled child who is in need of full-time care.

The associated Carer's Support Grant is an annual payment which is automatically paid with DCA, CA and CARB.

I hope this clarifies the position for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

235. To ask the Minister for Employment Affairs and Social Protection to indicate the status of an application for disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [2315/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 30 November 2023. The processing time for individual DA claims may vary in accordance with their relative complexity in terms of the three main qualifying criteria, the person’s circumstances and the information they provide in support of their claim.

As their initial application did not contain all the information required to make a decision on entitlement, an information request letter was sent to the person concerned on 11 December 2023 to supply this supporting documentation.

I confirm that you sent in documentations on behalf of the person concerned on 20 December 2023. As the person concerned did not supply all the required information that was requested on 11 December 2023, it was necessary for the Deciding Officer to send a further information request on 20 December 2023, requesting the outstanding information.

I can confirm documentation was received from the person concerned on 29 December 2023.

A further request for information was sent to the person concerned on 10 January 2024 to provide all the information requested in correspondence issued on 20 December 2023, in order to determine their eligibility for DA.

The requested information of 20 December 2023 is in relation to bank accounts held by the person.

The information request letter allows the person concerned 21 days to provide the required information.

On receipt of requested information, a decision can be made and they will be notified directly of the outcome.

I trust this clarifies the matter for the Deputy.

Comments

No comments

Log in or join to post a public comment.