Olwyn Enright
Question:334 Ms Enright asked the Minister for Social and Family Affairs the progress made in the case of a person (details supplied) in County Laois; and if he will make a statement on the matter. [27107/04]
View answerTuesday, 2 November 2004
Questions (267)
Written answers
The person concerned was in receipt of disability allowance from 11 April 2001. Payment was disallowed by a deciding officer from 10 February 2004 on the grounds that the person's means were in excess of the limit. These means were held to be derived from benefit of a partner's earnings from employment.
The person appealed this decision to the social welfare appeals office. Following an oral hearing and having considered all the available evidence, including that adduced at the hearing, the appeals officer disallowed the appeal.
The issue in this case did not concern the person's medical condition but rather whether the person was cohabiting and thus fell to be assessed with means derived from her partner's earnings. Having considered all the available evidence, the appeals officer was satisfied that the person had in fact been cohabiting and as a result the appeal was disallowed.
Following representations from the Deputy the appeals officer reviewed the case and concluded that there were no new facts or evidence that would warrant a revision of his decision. The person has now made a new claim for disability allowance which is currently under consideration by my Department.
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.