Written answers

Thursday, 18 April 2024

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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237. To ask the Minister for Employment Affairs and Social Protection the reason adequate consideration was not given to the application for disability allowance in the case of a person (details supplied) given the history of continuous domestic abuse resulting in homelessness and the need to allow a period of rehabilitation in order to restore their health; if disability allowance or a similar payment might be awarded given that they cannot return to work due to their child’s special needs and the aforementioned issues; and if she will make a statement on the matter. [17263/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 12 October 2023. As their initial application did not contain all the information required to determine eligibility for DA, a request for further information was sent to the person concerned on 23 October 2023. An information request allows the person 21 days to provide the required information in order to determine their eligibility for DA.

As the person concerned failed to supply the requested information, their means could not be determined. Based on the evidence supplied with the person’s application, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied and failure to provide sufficient information in order to determined that their weekly means do not exceed the statutory maximum allowed.

The person concerned was notified of the decision in writing on 31 January 2024 and advised of their entitlement to request a review or to appeal the decision to the Social Welfare Appeals Office (SWAO). They were also reminded of the outstanding documents required to determine means.

The person concerned supplied further information on 21 February 2024. Based on the additional evidence supplied, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 13 March 2023, and they were given the right to a review or an appeal.

No request for review or appeal has been received since this date. If the person concerned wishes to submit further medical evidence, my department will undertake a review of this and will revert to them with a decision.

If the person concerned is caring for a child with additional needs, they may be eligible for receipt of Carers Allowance and/or Domiciliary Care Allowance if they meet the scheme conditions.

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.

Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention in the home, substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 months. DCA can be claimed in conjunction with this individual's current welfare payment.

Application forms for CA and DCA have been sent to directly to the person concerned.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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238. To ask the Minister for Employment Affairs and Social Protection if an exceptional needs payment might be considered in the case of a person (details supplied) who has numerous health issues and who recently moved into new accommodation but needs some assistance towards fitting out the property; and if she will make a statement on the matter. [17264/24]

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 on 07/02/2024 to assist with the cost of furnishing their new home. This claim was disallowed on the basis that the person had adequate savings to meet the cost of the required items. The person concerned was advised of the outcome of their application in writing on 21/02/2024 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 a request from the person concerned, a SWA Reviewing Officer reviewed the claim and considering the circumstances of the case, upheld the original decision made by the Designated Person, on the basis that the person has adequate savings to meet the costs of furnishing their new home. Correspondence issued to the person concerned on 04/03/2024 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 has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.

I trust this clarifies the matter.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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239. To ask the Minister for Employment Affairs and Social Protection if disability allowance might be restored in the case of a person (details supplied); and if she will make a statement on the matter. [17265/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that the person concerned was previously in receipt of Disability Allowance (DA) from October 2011 to February 2013 prior to being stopped on foot of a request from the person concerned.

The Department received an application for disability allowance (DA) from the person concerned on 08 June 2022. This individual was asked to supply supporting documentation on the 27 June 2022, required by the deciding officer (DO) in order to make a decision on their DA eligibility. The requested information was received by the department on the 19 July 2022 and 24 August 2022.

Their application was referred to a Social Welfare Inspector (SWI) on 25 April 2022 for a report on the person’s means and circumstances. The SWI requested information from the person concerned, which was only partially supplied. The SWI report was returned for consideration on the 13 October 2022. The SWI advised the DO on the 23 November 2022 and 4 January 2023 that the outstanding documents in relation to financial statements had not been provided.

Based on the evidence supplied in support of this person’s application, their application for DA was disallowed on the grounds that they had failed to supply sufficient information to determine means. The person concerned was notified in writing of this decision on 04 January 2023, and they were given the right to a review or an appeal.

Further evidence was received on 29 March 2023 and a review of this decision was carried out. The person concerned was requested to supply supporting documentation on the 14 April 2023 required by the deciding officer in order to make a decision on their eligibility. Following the review, the original decision was upheld, and the person concerned was notified in writing on 12 May 2023 and they were given the right to a review or an appeal.

Additional documentation was received from this individual on 25 May 2023 and another review of this decision was carried out. Based on the information provided by this person, their application was disallowed as their means at that time were in excess of the statutory maximum limit allowed for DA. The person concerned was notified in writing on 07 June 2023 and they were given the right to a review or an appeal.

There is currently no appeal registered in relation to the decision of the 07 June 2023. It is open to the person in question to reapply for DA.

I trust this clarifies the matter for the Deputy.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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240. To ask the Minister for Employment Affairs and Social Protection the current position in relation to an application for carer’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [17267/24]

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.

I confirm that my Department received an application for CA from the person concerned on 18 May 2023.

It is a condition for receipt of CA that the person concerned must be providing full-time care and attention and it is a further condition that the person being cared for must require full-time care and attention.

It is also a condition to provide such certificates, documents, information or evidence as may be required by an officer of the Minister in order to make a decision on an application.

The evidence submitted in support of this application was examined and the Deciding Officer decided that this evidence did not indicate that either of the above conditions were satisfied.

The person concerned was notified on 14 June 2023 of this decision, the reason for it and of the right of review and appeal.

A request to appeal and review this decision was lodged with the Department on 23 June 2023.

The outcome of the review decision remained unchanged and the person concerned was notified of this decision and of the right of review/appeal on 25 October 2023.

The file was sent to the Social Welfare Appeals Office (SWAO) on 03 November 2023. On 17 January 2024, Appeal No 23/14498 was disallowed by SWAO.

Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts. It will be at the discretion of the Appeals Officer to reopen the case.

The Social Welfare Appeals Office can be contacted by phoning 0818-747434 or 01-6732800 or by emailing swappeals@welfare.ie.

It is also open for the person concerned to make a new application for CA.

I hope this clarifies the position for the Deputy.

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