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Social Welfare Appeals.

Dáil Éireann Debate, Thursday - 25 November 2004

Thursday, 25 November 2004

Questions (171, 172, 173)

Michael Ring

Question:

168 Mr. Ring asked the Minister for Social and Family Affairs if he will provide the complete and total breakdown of the assessment of a person (details supplied) in County Mayo for the blind pension, including details of all earnings; and the income limits for qualification for this payment. [30824/04]

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Written answers

This person has been in receipt of a blind person's pension since August 1998 at a reduced rate of €120.40 per week. This amount comprises a personal rate of €62.30, qualified adult allowance of €41.30 and dependant child allowance of €16.80. Her means are derived from her spouse's earnings and a health board occupational pension. In accordance with the legislation, half of the income of the couple has been taken account in determining her means for pension purposes.

Following review of her circumstances by the Department, it appears that the person concerned is no longer entitled to a pension as her means exceed the statutory limit of €157.60 per week. She has been informed of her assessment in detail and has been given a period of time to respond with any relevant facts or information before a decision is made on her entitlements. My Department has sent a copy of the detailed means assessment to the Deputy directly for his information.

In the event that a decision is made to revoke her pension, the person concerned would have a right of appeal to the social welfare appeals office. Under social welfare legislation decisions in regard 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.

Michael Ring

Question:

169 Mr. Ring asked the Minister for Social and Family Affairs when an oral hearing will be scheduled to finalise an unemployment assistance appeal by a person (details supplied) in County Mayo. [30825/04]

View answer

The person concerned was paid unemployment assistance up to 12 October 2004. His entitlement was reviewed by the deciding officer and was disallowed on the grounds that he was not genuinely seeking employment. The person appealed against this decision to the social welfare appeals office on 27 October 2004 and an appeals officer is of the opinion that an oral hearing is required. He will be advised of the date and venue for the hearing when the necessary arrangements have been made.

The person concerned is in receipt of supplementary welfare allowance pending the resolution of the appeal. Under social welfare legislation decisions in regard 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.

Michael Ring

Question:

170 Mr. Ring asked the Minister for Social and Family Affairs when a carers allowance application by a person (details supplied) in County Mayo will be awarded. [30826/04]

View answer

The person concerned applied for carer's allowance on 23 July 2004. As prescribed in regulations, where the care recipient is under 16 years of age, as applies in this instance, domiciliary care allowance must be in payment by a health board before carer's allowance can be awarded. Accordingly, her application was refused on the grounds that domiciliary care allowance is not in payment in respect of the person being cared for. She was notified of the decision and the reasons for it and of her right of appeal to the social welfare appeals office on 20 September 2004.

In the event that she qualifies for domiciliary care allowance, her entitlement will be reconsidered. Under social welfare legislation, decisions in regard 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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