Pat Buckley (Cork East, Sinn Fein)
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587. To ask the Minister for Employment Affairs and Social Protection if he will take steps in relation to the case of a person (details supplied) who is being denied carer's allowance on the grounds that they receive a fostering allowance from a fostering agency that is not funded under section 38 of the Health Act 2004, but the agency has a contract with Tusla; if this anomaly will be addressed; and if he will make a statement on the matter. [7462/25]

Dara Calleary (Mayo, Fianna Fail)
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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.

In order to qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention and that the person being cared for requires full-time care and attention.

Means are any income belonging to the carer and their spouse/civil partner/cohabitant including property (except their own home), or an asset that could bring in money or provide them with an income.

The person concerned is in receipt of CA for two care recipients since 9 May 2019.

Once claims are in payment, my Department periodically reviews them to ensure that there is continued entitlement.

A review of CA for the person concerned commenced on 19 October 2023.

Following this review, the Deciding Officer determined means of €318.13 and, subsequently, the amount of CA payable to the person concerned reduced to €82.50 per week from 6 June 2024.

The person concerned was notified of this decision in writing on 15 May 2024. They were also notified of their right to have the decision reviewed (where further information is available) or to appeal the decision to the Social Welfare Appeals Office.

Following receipt of further information, an information request issued to the person concerned on 11 September 2024. Clarification was sought as the amount paid to the person concerned by the fostering agency was not comparable with the current rates of Foster Care Allowance. Additionally, the Department had no confirmation that the fostering agency is a Section 38 Agency funded by the Health Service Executive. The information requested has not been received to date.

A request to appeal this decision was lodged with the Department and forwarded to the Social Welfare Appeals Office (SWAO) on 5 November 2024.

The Appeals Officer disallowed the appeal, and the original decision was upheld. The person concerned was notified in writing of this decision on 22 January 2025.

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.

I hope this clarifies the position for the Deputy.