Dáil Éireann Debate, Tuesday - 12 October 2010
426 Deputy Joanna Tuffy asked the Minister for Social Protection the position regarding a domiciliary care allowance appeal in respect of a person (details supplied); and if he will make a statement on the matter. [36259/10]
View answerThe Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be informed when arrangements have been made.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
428 Deputy Joanna Tuffy asked the Minister for Social Protection the average time, per case, from the receipt of a domiciliary allowance application to when a decision is issued on the application; the average time, per case, from the receipt of a domiciliary allowance application to when an application is rejected to the receipt of an appeal and an appeal decision issued [36261/10]
View answerApplications for Domiciliary Care Allowance are processed by date of receipt and it currently takes approximately seven weeks to process an application.
In the case of an application which is refused, the applicant may appeal the decision directly to the Social Welfare Appeals Office within 21 days. It is at the discretion of the Appeals office to accept an appeal outside of this timeframe. I am advised by the Chief Appeals Officer that the average duration for Domiciliary Care Allowance appeals during 2009 was fifteen and a half weeks. Cases requiring an oral hearing took approximately 22 weeks to finalise.
429 Deputy John Perry asked the Minister for Social Protection the position regarding a rent allowance in respect of a person (details supplied) in County Sligo. [36269/10]
View answerThe Health Service Executive has advised that the person concerned had been in receipt of rent supplement of €44.80 based on the household income from maternity benefit and jobseeker's allowance. Following a review of her rent supplement claim she has been awarded rent supplement of €68.30 per week based on the household income from illness benefit and jobseeker's allowance and this rate issued to the person concerned on 7 October 2010.
430 Deputy John Perry asked the Minister for Social Protection the position regarding a rent allowance in respect of a person (details supplied) in County Sligo; and if he will make a statement on the matter. [36270/10]
View answerThe Health Service Executive (HSE) has advised that the person concerned was refused basic SWA and rent supplement as she did not furnish the documentation and information requested by the community welfare officer for the purposes of deciding entitlement to basic SWA and rent supplement. If the person concerned is not satisfied with the decision of the HSE she can appeal to the HSE Appeals Office.
431 Deputy James Bannon asked the Minister for Social Protection when a person (details supplied) in County Longford will be awarded invalidity pension; and if he will make a statement on the matter. [36319/10]
View answerThe person in question was awarded invalidity pension with effect from 01 May 2008. He is currently in receipt of invalidity pension at the maximum weekly rate of € 201.50 and an increase of € 14.90 weekly for one qualified child. Arrears of invalidity pension for the period 01 May 2008 to 18 November 2009 amounting to €135.01 issued to the customer on 18 February 2010. The total amount of arrears due was € 19,029.60. A total of € 18,894.59 was deducted for overlapping illness benefit already paid during the period and the balance of two outstanding overpayments of jobseeker's allowance and illness benefit, which amounted to € 3,737.04.
432 Deputy James Bannon asked the Minister for Social Protection the position regarding an application to transfer from a disability allowance to an invalidity pension in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [36320/10]
View answerInvalidity Pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. Entitlement to Invalidity Pension is determined on receipt of a completed application form. An application form for Invalidity Pension was sent directly to the customer in question on Thursday 7 October 2010. On receipt of the completed application form, the customer's eligibility will be determined and she will be notified directly of the outcome.
433 Deputy James Bannon asked the Minister for Social Protection the position regarding the restoration of a carer’s allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [36321/10]
View answerThe claimant, who was in receipt of carers allowances for two carees, had her payment reduced as a result of a medical review of her claim. The payment was reduced with effect from 1 July 2010 as it was found that the caree no longer satisfied the conditions for full time care. An appeal was subsequently lodged with the Department and this was forwarded to the Social Welfare Appeals Office on 8 October 2010. The person concerned will be notified in writing of the outcome when the appeal process is completed.
434 Deputy James Bannon asked the Minister for Social Protection the position regarding an application for domiciliary care allowance in respect of a person (details supplied) in County Westmeath; and if he will make a statement on the matter. [36323/10]
View answerAn application for Domiciliary Care Allowance (DCA) was received on the 21st June 2010 from the person in question. This application was referred to one of the Departments Medical Assessors who found that her child was not medically eligible for DCA. A letter issued to the person in question on the 3rd September 2010 where she was advised of the decision to refuse DCA. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within 21 days. The applicant in this case has not sought to have the decision reviewed and has not registered an appeal as yet.
435 Deputy James Bannon asked the Minister for Social Protection the reason for the delay in processing an application in respect of a person (details supplied) in County Longford for illness benefit; and if he will make a statement on the matter. [36325/10]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned against the disallowance of Disability Allowance was registered in that office on 16 June 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 26 August 2010 and the appeal will be referred in due course to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
There was a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There was an increase of a further 44% in the number of appeals received in the first eight months of 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order.
A number of initiatives have been put in place to enhance the capacity of the office to deal with the current caseload and inflows. In that regard:
2 additional Appeals Officers were assigned to the Office in 2009,
A number of additional staff were assigned to the administration area of the Office,
The organisation of the Appeals Officer's work has been changed so as to increase productivity,
A project to improve the business processes in the office was undertaken which has resulted in a number of improvements being implemented, and
Significant enhancements have been made to the office's IT and phone systems.
In addition, it was decided to use experienced retired staff strictly on a short term basis to supplement the current resources and the services of eight retired officers have now been secured on a part-time basis and have been operating since July.
I am assured by the Chief Appeals Officer that she is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.
The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
436 Deputy James Bannon asked the Minister for Social Protection the reason a person (details supplied) in County Longford failed to be awarded a disability allowance on appeal; the reason the medical reports from their general practitioner and consultant were not taken into account; and if he will make a statement on the matter. [36341/10]
View answerThe person concerned applied for disability allowance on 17 February 2009. He was examined by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that opinion and refused his claim and a letter issued to the person on 18 June 2009 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office.
The person subsequently appealed this decision to the Social Welfare Appeals Office. Based on the evidence before him, which included all medical reports furnished by the person, the appeals officer was of the opinion that the person had not suffered an illness, injury or disease which has continued, or may be expected to continue, for a period of at least one year and the appeal was disallowed. He was notified of this decision by the Social Welfare Appeals Office on 21 April 2010.
The person subsequently sent further medical evidence to the Social Welfare Appeals Office and his file was re-examined by an appeals officer. The Social Welfare Appeals Office wrote to him on 31 August 2010 stating that the appeals officer's original decision remained unchanged. An appeal's officer's decision is final and conclusive in absence of any fresh facts or evidence. The person concerned reapplied for disability allowance on 11 June 2010. His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that opinion and refused his claim and a letter issued to the person on 6 September 2010 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office.
