Dáil Éireann Debate, Thursday - 3 June 2004
213 Mr. Durkan asked the Minister for Social and Family Affairs if she will allow a late appeal in the case of a person, details supplied, in County Kildare whose application for the one parent family allowance was refused; and if she will make a statement on the matter. [17032/04]
View answerThe person concerned applied for one parent family payment. She was refused on the ground that she did not show that her means were over the limit for payment. She was notified of this decision on 27 March 2003 and was advised of her right of appeal to the chief appeals officer if dissatisfied. She was informed that the appeal should be made within 21 days. The person did not appeal.
In the normal course, an appeal against a deciding officer's decision must be made within 21 days of the decision being notified. While there is provision for acceptance of an appeal outside of that period, in view of the length of time that has elapsed since the person was notified of the decision, acceptance of an appeal at this stage would not be warranted.
It is, however, open to the person concerned to make a further application for the allowance and to have the matter determined afresh in the light of any changed circumstances. If she is dissatisfied with the decision at that stage, she would have the right to appeal against it to the Social Welfare Appeals Office. Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officers and the acceptance of appeals received after the expiry of the statutory period is a matter for the chief appeals officer. These officers are statutorily appointed and I have no role in regard to making such decisions.
214 Mr. McGuinness asked the Minister for Social and Family Affairs if she will examine a further submission and the reports from a consultant and general practitioner relating to a claim in the name of a person, details supplied, in County Kilkenny; the reason the person’s medical evidence on the file and the circumstances were not discussed with the person during a recent hearing which lasted six minutes; and if a review of the case will be expedited. [17076/04]
View answerMedical assessors of my Department provide a second opinion to that of the customer's own doctor for the guidance of the Department's deciding officers who determine entitlement to illness related schemes. My Department makes every effort to ensure that the customer's interests are fully safeguarded when they are called for medical examinations. Prior to the setting up of a medical examination, my Department first requests an up to date medical report from the customer's own medical certifier which is reviewed by a medical assessor and taken into consideration as part of the medical examination process.
At any medical examination or assessment, a customer is invited to describe the nature and extent of an illness or injury and subsequent symptoms to the examining medical assessor who will record same, before conducting an appropriate examination. That procedure was followed in this case. The medical assessor will then express an opinion on the claimant's medical entitlement to a particular benefit or allowance.
The person in question was examined on 3 March 2004 by a medical assessor who expressed the opinion that he did not satisfy the medical criteria for receipt of disability payments. The customer lodged an appeal and another medical assessor examined him on 30 April 2004. The second medical assessor also expressed the opinion that the person concerned did not satisfy the medical criteria for receipt of disability payments. A submission and reports from the person's consultant and general practitioner contained information which was on file and noted by the medical assessor at the time of assessment. The medical evidence on file outlined the nature and extent of the injury and ensuing symptoms, which the person himself outlined to the medical assessor at the outset of the examination.
The case is currently with the Social Welfare Appeals Office, which will arrange a hearing for the customer in due course. The person concerned may submit any further submissions and reports that he so wishes, from his consultant and-or general practitioner in support of his appeal and these will be taken into account in determining his case.
215 Mr. McGuinness asked the Minister for Social and Family Affairs if the community welfare officer will issue a payment under the exceptional needs payment scheme to a person, details supplied, in County Kilkenny; and if a decision will be expedited in the case. [17082/04]
View answerThe South Eastern Health Board was contacted regarding this case and has advised that the person concerned recently made an application for an exceptional needs payment to replace a domestic appliance. The board refused the application as it felt that she should explore the possibility of repair rather than replacement. The person concerned has appealed against this decision. The board has further advised that the person concerned also applied for an exceptional needs payment in respect of expenses associated with her daughter's first holy communion and a payment of €150 was granted for this purpose.
