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Social Welfare Benefits.

Dáil Éireann Debate, Wednesday - 2 June 2004

Wednesday, 2 June 2004

Questions (283, 284, 285)

Michael Ring

Question:

283 Mr. Ring asked the Minister for Social and Family Affairs the reason an oral hearing was not held in an appeal for disability payment for a person (details supplied) in County Mayo; and if an oral hearing will be provided on this matter. [16767/04]

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Written answers

An application for disability allowance by the person concerned was disallowed by the deciding officer on the grounds that his means exceed the statutory limit. The person appealed this decision and an appeals officer made a summary decision disallowing the appeal. Summary decisions may be made where the appeals officer is of the opinion that a case is of such a nature that it can be properly determined without an oral hearing.

Bernard J. Durkan

Question:

284 Mr. Durkan asked the Minister for Social and Family Affairs if she will give further consideration to the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16768/04]

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The person concerned has been in receipt of invalidity pension since 5 March 1992. The principal qualifying condition for receipt of invalidity pension is that the claimant must be permanently incapable of work and one of the rules governing the scheme is that they do not engage in work. An exemption from this rule may be obtained where the proposed employment is of rehabilitative nature.

The person concerned applied for an exemption on 5 March 2004 to engage in part time work as a school bus driver. The exemption application was refused following a review of all the evidence, including medical advice that the proposed work was inappropriate for the person concerned given the nature of his medical condition. The case was subsequently reviewed by my Department's chief medical adviser who also expressed the opinion that the proposed work was unsuitable for the person concerned in view of his past medical history. Consequently, the exemption application was refused again and the person concerned was notified accordingly on 7 May 2004. On foot of the Deputy's question the case has been reviewed again and the decision to refuse the granting of an exemption to the person concerned has been upheld.

Bernard J. Durkan

Question:

285 Mr. Durkan asked the Minister for Social and Family Affairs when one parent family allowance will be awarded in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16769/04]

View answer

An application by the person concerned for one parent family payment was refused in March 2003 on the grounds that she had failed to disclose all her means. The Department has no record of an appeal from her in relation to that decision, or of any subsequent re-application by her for payment. If the person concerned wishes to apply for payment now, she should forward a completed application form to the Department and her eligibility will be determined. 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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