Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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304. To ask the Minister for Employment Affairs and Social Protection the recourse a person (details supplied) has in circumstances; and if she will make a statement on the matter. [23534/24]

Heather 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 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. The responsibility for the provision of assistance to those who require dental services rests with the Health Service Executive (HSE).

According to the records of my Department, the person concerned applied for an ANP on 15/02/2024 to assist with the cost of emergency dental treatment. This claim was disallowed on the basis that dental expenses are of a recurring and predictable nature and therefore an exceptional need could not be established. In addition, dental expenses do not fall under the remit of the SWA Scheme. The person concerned was advised of the outcome of their application in writing on 05/03/2024 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 an exceptional need could not be established as dental work is not considered exceptional and does not fall under the remit of the SWA Scheme. Correspondence issued to the person concerned on 30/04/2024 advising them of the outcome of the review.

If the person concerned feels that they have been treated unfairly, they have the right of recourse to contact The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773, Telephone number: 01-639 5600 / 1890 22 30 30, Email: ombudsman@ombudsman.gov.ie.

If the person concerned is experiencing financial difficulties with other essential expenses, 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 for the Deputy.

Brendan Griffin (Kerry, Fine Gael)
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305. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on the review of further medical and financial evidence submitted for a review of a decision on a disability allowance appeal by a person (details supplied); and if she will make a statement on the matter. [23537/24]

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.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on the 4 July 2023.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the original appeal decision on foot of this additional evidence. Regrettably the Appeals Officer did not find any new facts or fresh evidence which warranted a revision of his earlier decision. The person concerned has been notified of the Appeals Officer’s decision.

I trust this clarifies the matter for the Deputy.

Michael Healy-Rae (Kerry, Independent)
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306. To ask the Minister for Employment Affairs and Social Protection if an oral hearing will be facilitated for a person (details supplied); and if she will make a statement on the matter. [23558/24]

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 22 January 2024. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 20 March 2024.

The case was referred to an Appeals Officer on 9 April 2024, who will in due course make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.

The regulations governing appeals provide that it is a matter for the appeals officer to decide whether an oral hearing is required or whether an appeal can be decided by way of summary decision.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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307. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of the review for DCA in the case of a person (details supplied); and if she will make a statement on the matter. [23592/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Domiciliary Care Allowance is 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.

With reference to any specified disability/diagnosis, the impact of that diagnosis on the child's related overall care needs, compared to the age appropriate level, is the determining factor in the consideration of a child's eligibility for DCA.

I can confirm that an application for DCA in respect of their child was received by my Department from the person concerned on 25 January 2024.

A Deciding Officer disallowed their application as per decision dated 23 February 2024. Based on the information provided, including the supporting documentary evidence, their child was not considered to satisfy the qualifying conditions for DCA. The Deciding officer had regard to the professional opinion of a departmental Medical Assessor (MA) in the decision process.

A request for a review of the decision was received on behalf of the applicant. Following a review of their application, including all information and evidence available at the time of the original decision and the further additional information provided in support of that review request, a Deciding Officer decided not to revise the original decision as per review decision dated 7 March 2024.

The person concerned subsequently provided further additional information, including documentary evidence for review. As part of that review process, the further new documentary (medical) evidence and information provided was referred for the further opinion of a departmental MA.

Following receipt of the MA opinion, a further review of their entitlement to DCA in respect of their child was undertaken by a deciding officer.

The person concerned was notified on 22 May 2024 that the Deciding Officer had decided not to revise the original decision dated 7 March 2024. The person concerned was informed of their right to have this decision reviewed again (where further medical evidence becomes available) and / or their right to appeal this decision to the Social Welfare Appeals Office.

I hope this clarifies the position for the Deputy.

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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308. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on an appeal by a person (details supplied); and if she will make a statement on the matter. [23599/24]

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 21 May 2024. 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.