Written answers

Wednesday, 31 January 2024

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Michael Healy-RaeMichael Healy-Rae (Kerry, Independent)
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100. To ask the Minister for Employment Affairs and Social Protection if she will review an overclaim for a person (details supplied); and if she will make a statement on the matter. [4587/24]

Photo of Heather HumphreysHeather 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.CA had been in payment for the person concerned since 6 January 2011. The overpayment amount in this case refers to an overpayment of CA and the associated Carer's Support Grant (CSG) of which the person concerned was notified in writing on 23 November 2017. The overpayment relates to the period 22 November 2012 to 18 October 2017. The total overpaid amount assessed was for €60,281.40 and to date the person concerned has repaid €15,655.50 leaving an outstanding balance of €44,625.90.

On 12 October 2017 a letter issued to the person concerned stating that their payment may be reconsidered because it is a condition of CA that a person must be providing full-time care and attention. This means that the person concerned must provide a minimum of 35 hours care per week to the care recipient. The information available at the time was that the person concerned had not been providing full time care and attention. The person concerned was given 7 days to reply, but did not respond. CA was therefore stopped.An assessment was carried out on this case on 23 November 2017, the person concerned was assessed with a CA and CSG overpayment of €60,281.40 between the dates of 22 November 2012 to 18 October 2017.A letter stating this decision, the reasons for it and of the right to review and/or appeal the decision issued to the person concerned on 23 November 2017, as did a separate Schedule of Overpayments.On 24 January 2019, the person concerned was approved a subsequent CA application. On 2 February 2019, the Debt Recovery Unit (DRU) in Longford sent correspondence to the person concerned advising them that it was proposed to withhold CA Arrears of €14,632.70.On 12 November 2021, the Central Debt Unit (CDU) wrote to the person concerned and advised them to make adjusted weekly payments of €50.00 on their debt of €44,625.90 within 14 days. The Department did not receive a response. On 12 December 2021, CDU issued a final reminder to the person concerned on the debt of €44,625.90. The person was informed of the Department’s legal powers which permit an attachment to earnings from their employer or monies held in a financial institution. The Department did not receive a response.On 13 January 2022, an Attachment Letter was issued by CDU to the person concerned advising them if they did not respond by 31 January 2022, that a notice of attachment would issue to their employer without any further notice instructing that 15% of current earnings be paid to Department for outstanding debts of €44,625.90.On 25 January 2022, the Department were contacted by Solicitors for the person concerned in relation to the outstanding debt. A response issued to the solicitors on 27 January 2022 outlining the debt of €44,625.90. The Department did not receive a response. On 26 April 2023, the CDU wrote to the person concerned and advised the person concerned to make adjusted weekly payments of €50.00 on the debt of €44,625.90 within 14 days. The Department did not receive a response.Annual Statements issue automatically from the Debt Recovery System. On 12 January 2024, an Annual Statement issued stating that the balance of the overpayment is currently €44,625.90. The person concerned was asked to make contact with the Department regarding the debt.CDU will engage with the person concerned on foot of any response received and will take into consideration any financial burden that they are experiencing as a result. Any new repayment plan applied will need to be reasonable to the person concerned and the Department.

As with all debts owed to the Department, every effort must be made to recover debts in full.

I hope this clarifies the situation for the Deputy.

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Independent)
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101. To ask the Minister for Employment Affairs and Social Protection the reason a person (details supplied) was refused an exceptional needs payment; and if she will make a statement on the matter. [4632/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Under the Supplementary Welfare Allowance (SWA) scheme, the 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 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 on 12/01/2024 to assist with the purchase of two batteries for their Mobility Scooter. This claim was disallowed on the basis that the person had adequate means to meet the cost of the batteries from their own resources. A letter issued to the person concerned on 24/01/2024 advising them of the outcome of their application and affording them 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 your request, a review of the decision was undertaken. The SWA Reviewing Officer has awarded the person concerned a payment of €172 which will be presented to their nominated bank account in the coming days. A letter issued to the person concerned on 30/01/2024 advising them of this decision.

Photo of Violet-Anne WynneViolet-Anne Wynne (Clare, Independent)
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102. To ask the Minister for Employment Affairs and Social Protection that average length of time it takes from the day of application for an applicant to be either granted or denied disability allowance; and if she will make a statement on the matter. [4651/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department is committed to providing a quality service to all its customers. This includes ensuring that applications are processed and that decisions on entitlement are made as quickly as possible.The processing target for the Disability Allowance (DA) scheme is to award 75% of applications within 10 weeks. The average number of weeks to award a DA claim at the end of December 2023 was 10 weeks.

My Department understands the many pressures faced by people and always seeks to ensure that claims are processed quickly and efficiently. In respect of DA, evidence must be provided in respect of the person’s medical condition, the extent to which it restricts them from taking up employment, their means and their habitual residency.

To help the Department to make timely and fair decisions on applications, applicants should ensure that they complete the application form fully, attach all the supporting documentation required as per the checklist provided on the application form. It is particularly important that they provide, at the outset, all the details they have in relation to the medical conditions. In order to register a claim and establish an early entitlement or claim date many people submit an application without first securing all of the necessary supporting documentation. Claims with missing supporting information typically take longer to process.

My Department consistently strives to enhance processing time targets and are continually reviewing processes to deliver optimal customer service. It is important to note that, while a DA application is being processed, a person may apply for income support through Supplementary Welfare Allowance. Where a claim is decided in a person's favour after a delay, DA arrears will issue to the customer dated back to the date their claim was received.

I hope this clarifies the matter for the Deputy.

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