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Dáil Éireann debate -
Tuesday, 8 Apr 2003

Vol. 564 No. 5

Written Answers - Health Board Allowances.

Michael Ring

Question:

443 Mr. Ring asked the Minister for Social and Family Affairs the way in which a decision was reached in relation to a carer's allowance claim when the actual recipient of the care was not brought to the oral hearing; the reason for bringing the person who is providing the care to the oral hearing and not bringing the person who needs the care when this would outline how much care exactly is needed; whether the care recipient should be brought to the oral hearing to show to the appeals officers just how much care and attention they need; and, further to medical evidence which was submitted in this case, the way in which the Department came to the decision to refuse this claim. [9839/03]

The application for carer's allowance of the person concerned was disallowed by a deciding officer who, having considered the medical evidence furnished in support of the claim, and the views of the Department medical advisor decided that the care recipient was not in need of full-time care and attention as prescribed in the statutory provisions. This decision was appealed to the social welfare appeals office and in the context of the appeal the care recipient was examined by a medical assessor of my Department who also expressed the opinion that she was not in need of full-time care and attention. Following an oral hearing and having carefully considered all the available evidence, including that adduced at the hearing, the appeals officer disallowed the appeal.

The question as to who should be required to attend an oral hearing is for the appeals officer to decide. In the circumstances of this particular case the officer decided that, in view of the extensive medical evidence that was available to him, it was not necessary for the person being cared for to attend.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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