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Social Welfare Appeals

Dáil Éireann Debate, Thursday - 5 May 2011

Thursday, 5 May 2011

Questions (60, 61, 62, 63)

Robert Troy

Question:

60 Deputy Robert Troy asked the Minister for Social Protection the position regarding a child benefit application in respect of a person (details supplied) in County Westmeath. [10091/11]

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Written answers

A Child Benefit claim was received from the person concerned under EU Regulations 883/04 and 987/09 on 30 July 2010. Child Benefit was awarded for the period 01/08/2010 to 31/08/2010 while she resided in the United Kingdom and her spouse was employed in Ireland. Her claim was disallowed from 01/09/2010 as it was decided that the person concerned did not satisfy the Habitual Residence condition. She subsequently appealed the decision. When a decision is made on the appeal she will be notified in writing.

Finian McGrath

Question:

61 Deputy Finian McGrath asked the Minister for Social Protection the position regarding benefits in respect of a person (details supplied). [10106/11]

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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hands, the Department has made a further 9 additional appointments to the office in recent weeks.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but he 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.

Brendan Griffin

Question:

62 Deputy Brendan Griffin asked the Minister for Social Protection when a decision will issue on an appeal for carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [10138/11]

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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hands, the Department has made a further 9 additional appointments to the office in recent weeks.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he 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.

Bernard J. Durkan

Question:

63 Deputy Bernard J. Durkan asked the Minister for Social Protection if her attention has been drawn to a matter (details supplied); if the matter will be reviewed; and if she will make a statement on the matter. [10168/11]

View answer

The person concerned applied for jobseeker's allowance on 6th November 2008 and her application was disallowed on the grounds that she was not habitually resident in the state. The decision was upheld on appeal in December 2009. On 3rd September 2009 she applied for one parent family payment. The application was also disallowed on the grounds that she was not habitually resident in the state and the decision was upheld on appeal in February 2011. Her application for child benefit was disallowed on the same grounds and the decision was also upheld on appeal. Payment of supplementary welfare allowance was stopped on 10 November 2010 on the grounds that she was not habitually resident in the state. The decision was upheld on appeal.

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