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Social Welfare Benefits.

Dáil Éireann Debate, Wednesday - 29 September 2004

Wednesday, 29 September 2004

Questions (1118, 1119, 1120, 1121, 1122, 1123, 1124, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1132, 1133)

Liz McManus

Question:

1300 Ms McManus asked the Minister for Social and Family Affairs if she will change the categorisation of occupational pension in view of the hardship experienced by a person (details supplied) in County Wicklow as a result of having their occupational pension assessed as reckonable emolument in relation to their one-parent family payment and their rent allowance and treat it as earned income for the purpose of assessment; and if she will make a statement on the matter. [21699/04]

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Written answers

The person concerned applied originally to the Department for one-parent family payment in 2000. She was awarded payment at a reduced rate taking account of her means including income from an occupational pension. This decision was upheld subsequently by an appeals officer, who held that her occupational pension income had been assessed correctly in accordance with the legislation. The person's one-parent family payment rate is being reviewed by the Department. She will be notified of the outcome as soon as the necessary inquiries are completed. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1301 Mr. Ring asked the Minister for Social and Family Affairs when an unemployment assistance appeal by a person (details supplied) in County Mayo will be finalised. [21752/04]

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The person concerned was in receipt of unemployment assistance up to 18 May 2004. His claim was reviewed following a report from a social welfare inspector and was closed when the person concerned failed to provide the documentation requested. The person made a fresh claim from 1 June 2004. This was disallowed on the basis that he had failed to show that his means did not exceed the statutory limit. He has appealed against that decision to the social welfare appeals office and an appeals officer is of the opinion that an oral hearing is necessary. The person concerned will be notified of the time, date and venue of the hearing when these have been arranged. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1302 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded farm assist. [21753/04]

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Michael Ring

Question:

1343 Mr. Ring asked the Minister for Social and Family Affairs when an application for farm assist by a person (details supplied) in County Mayo was received by her Department; the reason it was not dealt with before now; and if it can be assessed immediately. [22277/04]

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I propose to take Questions Nos. 1302 and 1343 together.

The person concerned was in receipt of carer's allowance to 7 July 2004 at the weekly rate of €139.60. She is in receipt of supplementary welfare allowance at the weekly rate of €97.20 from 1 July 2004 to date. The person concerned applied for farm assist on 25 June 2004. A deciding officer assessed the weekly means of the person concerned at €17, derived from income from capital and income from a holding. This assessment entitles her to payment of farm assist at the weekly rate of €117.80. Her first payment of €117.80 will be available for collection on 30 September 2004 at her local post office. Arrears due, less any supplementary welfare paid to her, will be issued shortly.

Michael Ring

Question:

1303 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance. [21754/04]

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The person concerned has been awarded carer's allowance with effect from 1 July 2004, at the maximum weekly personal rate of €39.60, with an increase of €16.80 dependent child allowance per week. She has been notified of this decision. Her personal payable order books will be available for collection at her nominated post office on 14 October 2004 and any arrears of allowance due to her will issue shortly thereafter.

Michael Ring

Question:

1304 Mr. Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Mayo will be awarded the carer’s allowance in view of the medical evidence submitted to her Department. [21755/04]

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The person concerned has been awarded carer's allowance at the reduced weekly rate of €28 from 1 April 2004 based on her means. The weekly means of EUR 220.48 are derived from her husband's earnings. The person concerned has been notified of this decision and her payable order book has issued to her designated post office payable from 2 September 2004. Arrears of allowance due will issue by payable order shortly.

Michael Ring

Question:

1305 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance; if this person can be awarded the payment back-dated six months in view of the fact that they have been providing full time care and attention for many years. [21757/04]

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The person concerned has been awarded carer's allowance at a reduced rate with effect from 28 August 2003 to 12 May 2004. This includes the back-dating of the award by six months prior to the date of receipt of her application. She has been notified of this decision, the reasons for it and of her right to appeal. Arrangements have been made to issue payment of the allowance for the period involved by payable order. Due to a change in her circumstances her claim was disallowed with effect from 12 May 2004. Despite numerous requests, she has failed to fully disclose her current means to my Department. On receipt of this information her entitlement will be re-examined. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1306 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance. [21758/04]

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The person concerned applied for carer's allowance on 13 August 2004. Her application was refused on the grounds that full-time care and attention as prescribed in regulations was not required in this case. She was notified of the decision, the reason for it and her right to appeal on 22 September 2004. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1307 Mr. Ring asked the Minister for Social and Family Affairs when a carer’s allowance application by a person (details supplied) in County Mayo will be completed; and if this claim can be expedited in view of the serious circumstances of the case. [21761/04]

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The person concerned applied for carer's allowance on 18 June 2004. The principal conditions for receipt of the allowance are that full-time care and attention are required and being provided and the means test that applies is satisfied. Additionally, the carer must not be employed outside the home for more than ten hours per week. Her application was refused on the grounds that she is not providing full-time care and attention as prescribed in regulations as she is employed for more than ten hours per week. She was notified of this decision and the reasons for it and of her right of appeal on 17 September 2004. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1308 Mr. Ring asked the Minister for Social and Family Affairs when a disability allowance appeal will be finalised for a person (details supplied) in County Mayo. [21762/04]

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The person concerned applied for disability allowance on 16 April 2004. He was awarded disability allowance at a reduced rate of €10.70 from 21 April 2004 based on his weekly means derived from farming and his spouse's employment. He appealed the decision to the social welfare appeals office. Following an examination of his case the appeals officer disallowed his appeal. He was directly notified of the outcome of his appeal on 13 September 2004. An appeals officer's decision is final and conclusive in the absence of new facts or fresh evidence. If there has been a change of circumstances since the date of the appeals decision it is open to the person concerned to make a new application for disability allowance.

Michael Ring

Question:

1309 Mr. Ring asked the Minister for Social and Family Affairs when a disability benefit appeal will be finalised for a person (details supplied) in County Mayo; if an urgent oral hearing can be arranged in this case; and if a medical referee, following the medical evidence submitted on 1 September 2004, can assess this person again. [21764/04]

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The person concerned was in receipt of disability benefit up to 3 January 2002. Payment was disallowed by a deciding officer from that date on the basis that the person was working as a hackney driver. The person appealed this decision to the social welfare appeals office and following an oral hearing on 13 August 2002 the appeals officer disallowed the appeal. Subsequently, a deciding officer made a revised decision, the effect of which was to disallow payment in respect of the period 1 April 1996 to 19 December 2001. As a result a sum of €46,929.35 is repayable to the social insurance fund. The person appealed against this decision also and a further oral hearing was held on 12 December 2003. This appeal was also disallowed on the basis that he had been engaged in employment while in receipt of disability benefit during the period in question. The medical evidence submitted by the Deputy was brought to the attention of the appeals officer who did not consider that the person's incapacity for work had any relevance to the issue which had been before him on appeal i.e. the question of concurrent working and claiming. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1310 Mr. Ring asked the Minister for Social and Family Affairs when an unemployment assistance appeal will be finalised for a person (details supplied) in County Mayo. [21765/04]

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The unemployment assistance claim of the person concerned was disallowed by the deciding officer on 13 August 2004 on the ground that his means derived from a Department of Defence pension exceeds the statutory limit. The person appealed against this decision to the social welfare appeals office and his case was considered by an appeals officer who disallowed it on the basis that the calculations are correct. The person has been notified of the outcome. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1311 Mr. Ring asked the Minister for Social and Family Affairs when an oral hearing will be arranged for a person (details supplied) in County Mayo in respect of their carer’s allowance appeal and in view of the new medical evidence submitted. [21766/04]

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The person's application for carer's allowance in respect of two carers was disallowed by a deciding officer on the grounds that the care recipients were not regarded as being in need of full-time care and attention. The person concerned has also been assessed with means which exceed the statutory limit. The person concerned appealed against this decision to the social welfare appeals office. A submission on the case is being prepared by the deciding officer and, when received, it will be referred to an appeals officer for early consideration. Under social welfare legislation decisions on 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.

Michael Ring

Question:

1312 Mr. Ring asked the Minister for Social and Family Affairs when a social welfare appeal will be finalised for a person (details supplied) in County Mayo. [21768/04]

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The person concerned has no appeal outstanding for disability allowance. She applied for the allowance on 26 July 2004 and a decision is pending. The principal conditions for receipt of the allowance are that the medical eligibility criteria are met and that the means test which applies is satisfied. A means assessment was undertaken by an investigative officer of my Department on 14 September 2004. A medical examination was scheduled for 2 September 2004 but she advised my Department that she would be unable to attend. This examination has been rescheduled in the week commencing 18 October 2004. She will be notified directly of the time and place for this medical examination. Her entitlement to disability allowance will be further considered in light of the medical assessor's report and a formal decision will issue to her directly.

Michael Ring

Question:

1313 Mr. Ring asked the Minister for Social and Family Affairs when an unemployment assistance appeal will be finalised for a person (details supplied) in County Mayo. [21769/04]

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The person concerned claimed unemployment assistance from 27 July 2004. The deciding officer disallowed her claim for non-disclosure of means. She appealed this decision to the social welfare appeals office. The necessary papers for the appeal are being prepared and, when ready, the case will be referred to an appeals officer for early consideration. Under social welfare legislation, decisions on 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.

Michael Ring

Question:

1314 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the carer’s allowance, in view of the fact that their application was lodged on 20 May 2004; and the reason this claim is taking so long to process. [21770/04]

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The person concerned has been awarded carer's allowance with effect from 16 September 2004, at the maximum weekly personal rate of €209.40, payable to a person providing care to two care recipients. Arrangements are being made to have his payable order book issued to his designated post office. The applicant was not resident with the care recipient so his case was forwarded to an investigative officer of the Department to establish whether the conditions for the allowance were met and to establish his means. As there was no direct system of communication between the carer and the care recipient until 16 September 2004 there was a delay in determining his entitlement. Under social welfare legislation decisions on 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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