Bernard Durkan (Kildare North, Fine Gael)
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287. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of a review in the case of a person (details supplied) who has applied for a backdate of IQA and IQC on their invalidity pension; and if she will make a statement on the matter. [28257/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.

An increase for a qualified adult (IQA) is payable with IP in respect of a spouse, cohabitant or civil partner of the applicant who is wholly or mainly maintained by the applicant. An increase for a qualified child (IQC) is payable with IP in respect of a dependant child who is ordinarily resident in the State and in the care of the applicant.

The person concerned is in receipt of an increase for an IQA and an increase for two qualified children (IQC) effective from 23 February 2023 and for a further qualified child effective from 10 August 2023, the first payable date after the qualified adult and children came to reside in the State with the applicant. The person in question requested a review of the award date of the increases and requested backdating of the IQA and IQC payments to 2018. On review, a deciding officer (DO) determined that the qualifying conditions for receipt of IQA and IQC were not met, as the persons being applied for were not residing in Ireland with the applicant during the period for which backdating was requested. The person referred to was notified on 20 February 2024 of this decision, the reasons for it and of his right of a further review or to appeal it to the Social Welfare Appeals Office (SWAO).

The person concerned requested a further review of the backdating decision and submitted further information for the review. However, having reviewed all information for the claims, a DO decided that the decision on 20 February 2024 to refuse backdating was correct and should stand. The person referred to was notified of this decision on 27 June 2023 and of his right to seek a further review or to lodge an appeal to the SWAO.

It should be noted that the person concerned made an earlier application in 2020 for IQA and IQC when the persons being applied for were living outside of the state. This application was refused and the person in question appealed the decision to the SWAO. An Appeals Officer (AO) disallowed the appeal on 24 July 2020 having determined there was no entitlement to IQA or IQC in accordance with governing legislation. A review of the AO decision was requested and a review was carried out by the then Chief Appeals Officer who decided on 2 September 2020 that the AO had not erred in law or in fact and declined to revise the decision of the AO.

I trust this clarifies the position for the Deputy.