Michael McGrath
Question:145 Deputy Michael McGrath asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Cork. [40205/11]
View answerWednesday, 14 December 2011
Questions (144, 145, 146)
Written answers
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22nd November 2011. 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 in the Social Welfare Appeals Office on 8th December 2011 and the appeal will be assigned, 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. 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.
Question No. 146 withdrawn.
James Bannon
Question:147 Deputy James Bannon asked the Minister for Social Protection the reason a person (details supplied) in County Longford has been refused a carer’s allowance, despite the medical aspect of the appeal being approved; and if she will make a statement on the matter. [40218/11]
View answerThe person concerned was refused on two separate issues, firstly on the grounds that the care recipient is not so invalided or disabled as to require full-time care and attention as laid down in legislation and secondly on grounds that he has not established that he is providing full time care and attention as laid down in the carer's allowance guidelines.
On 14 July 2011, he was notified of this decision and the reasons for it. The person in question appealed the decision and submitted additional medical evidence in support of his claim. The medical aspect of his application was approved. However, an appeals officer, having fully considered all the evidence, disallowed the appeal of the person concerned as it had not been established that he was providing full-time care. He was notified of the decision on his appeal on 2 September 2011. The decision of an appeals officer is final and may only be reviewed in the light of new evidence or facts not already presented at the time of appeal.
Sean Fleming
Question:148 Deputy Sean Fleming asked the Minister for Social Protection when a decision on an appeal for a carer’s allowance will be granted in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [40221/11]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. 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.