Michael Collins (Cork South-West, Independent Ireland Party)
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658. To ask the Minister for Employment Affairs and Social Protection to examine the case of a person (details supplied) refused retirement benefit; and if he will make a statement on the matter. [39472/25]

Dara Calleary (Mayo, Fianna Fail)
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Benefit Payment for 65-Year-Olds is a payment for people aged between 65 and 66 years who are retired, that is they have ceased all employment or self-employment.

The person concerned applied for Benefit Payment for 65-Year-Olds(BP65) on the 17/01/2025. As the person concerned continues to pay self-employed PRSI on rental income it was considered that they have not ceased self-employment and consequently this application was refused as they did not satisfy this qualifying condition.

The person concerned appealed the decision on the 24/02/2025, stating that they are obligated to pay a Self Employed S class Contribution as they are in receipt of a rental income.

The Appeals Officer concluded that the person concerned continues to be a self-employed contributor in respect of their rental income and they therefore have not established that they meet the requirements of not being employed or self-employed as set out in the legislation for the award of BP65. The appeal was therefore disallowed. This decision was communicated to the person concerned on the 18/06/2025.

I trust this clarifies the matter for the Deputy.

Michael Healy-Rae (Kerry, Independent)
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659. To ask the Minister for Employment Affairs and Social Protection if an application for a domiciliary care allowance appeal will be reviewed (details supplied); and if he will make a statement on the matter. [39479/25]

Dara Calleary (Mayo, Fianna Fail)
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The Social Welfare Appeals Office is a service 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 person concerned applied for Domiciliary Care Allowance on 20th September 2022. Their application was refused on 19th October 2022, on the grounds that the child in question was not a “qualified child” as required by the governing legislation.

The person concerned submitted an appeal on 9th October 2023. An online oral hearing was held on 12th March 2024. Having considered all of the available evidence the Appeals Officer found that while the child did have a disability, and had established that they required some additional care. They had not established that care was “substantially in excess of the care required by a child of the same age.

The person concerned submitted a section 317 request on the 21st November 2024. The Appeals Officer having considered that review and the new evidence provided did not find that the original decision was incorrect, and the review was subsequently disallowed on 5th June 2025.

Domiciliary Care Allowance (DCA) 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.

Eligibility for DCA is not based entirely on the child's disability or diagnosis, but primarily on the impact of the disability/diagnosis in terms of the associated care and attention required by the child compared to another child of the same age without their disability.

I trust this clarifies the matter for the Deputy.