Written Answers Nos. 119-128
119. Deputy Ciarán Lynch asked the Minister for Social Protection if she will review an appeal for invalidity pension in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [52039/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 09th November 2012, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeal against decisions on social welfare entitlements.
120. Deputy Willie Penrose asked the Minister for Social Protection the position regarding a review of a decision in relation to an application for carer's allowance in respect of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [52050/12]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 6th September 2011. This application was refused both on medical grounds and due to the fact that the applicant was self-employed outside the home in excess of 15 hours per week. A letter issued on the 18th July 2012 refusing the allowance. The person in question subsequently submitted further medical evidence and other information for review on the 15th August 2012, in addition to further information in regard to the self-employment issue. The medical evidence is awaiting medical assessment by a medical assessor. On completion of all the necessary investigations as part of this review, a decision will be made and the person in question will be contacted directly with the outcome.
121. Deputy Michael Creed asked the Minister for Social Protection the additional steps she proposes to take to tackle the problem of the black economy; and if she will make a statement on the matter. [52055/12]
View answerA key priority of my Department’s Fraud Initiative is the active policing of the hidden economy and those sectors where there is a prevalence of social welfare fraud and abuse. In conjunction with other agencies and in particular with the Revenue Commissioners, the Department continues to tackle the shadow economy by a combination of intelligence collation, assurance checks, data sharing and outdoor operations, including inspections and direct investigations. In addition, one of the priorities of the High Level Group of Senior Officials established between my Department and Revenue is to ensure on-going collaboration and interaction between the organisations, including oversight of activities designed to combat the shadow economy.
The Department also participates on the Hidden Economy Monitoring Group with Revenue, Employer and Union representative bodies. This Group provides a formal structure to monitor developments, share experiences and make proposals for combating the hidden economy. In addition, the Department engages and meets with business and industry representatives. Increasingly, the Department is finding that bodies and individuals are prepared to share insights and specific information with us with regard to shadow economy activity. Where intelligence or reliable reports are received about specific sectors or persons engaged in concurrent working and claiming or under declaration of income, then reviews of eligibility are immediately undertaken. Case interventions are undertaken based on assessments of compliance risks and other relevant information. The approach taken by the Department is frequently reviewed and is regularly adjusted to concentrate on the areas of greatest risk, based on its operational experience and credible information received from industry and business sectors.
123. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which it was determined that a person (details supplied) in County Kildare was deemed to have received an overpayment; and if she will make a statement on the matter. [52069/12]
View answerA review of this case which is being undertaken at present is due to be completed shortly and the person concerned will be informed of the outcome.
124. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No.111 of 25 October 2012 regarding the case of a person (details supplied) in Dublin 15 wherein refusal of back to education allowance was on the basis of the applicants course not being of a higher grade than they had studied previously which did not take account of the fact that the student did not complete the course due to family illness, if in the circumstances their eligibility may be reconsidered; and if she will make a statement on the matter. [52070/12]
View answerAccording to the letter from his college received by my Department the person concerned completed his course for the 2011/12 academic year. However, if as he states he did not do the examination, we will need a letter from his college confirming this. If this can be provided, my Department will review his back to education allowance application for the 2012/13 academic year.
126. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding dietary allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [52072/12]
View answerThe person concerned applied for dietary supplement on 19 September 2012 and his application was disallowed on the grounds that his means were deemed to be in excess of the qualifying limit for payment of the supplement. The decision was upheld on appeal on 16 November 2012.
127. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which it has been concluded that a person (details supplied) in Dublin 15 is refused jobseeker's allowance on the grounds they are not genuinely seeking employment having particular regard to the high level of unemployment here; if their case will be reviewed as a matter of urgency with a view to immediate payment; and if she will make a statement on the matter. [52073/12]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers and the comments of the Deciding Officer on the grounds of appeal were received on 05th November 2012. The appeal, in this case, will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.
128. Deputy Bernard J. Durkan asked the Minister for Social Protection the way it is concluded that a person (details supplied) in County Kildare is deemed not to qualify for disability allowance under the habitual residency clause in view of the fact that they have lived continuously in this country for the past 72 months with the exception of the six months ending September 2012 and bearing in mind that they are an EU national, that other members of their family live in this country, that their centre of interest continues to be this jurisdiction; if she might clarify in what other jurisdiction it might be claimed their centre of interest exists on the basis of the foregoing; and if she will make a statement on the matter. [52074/12]
View answerThe person concerned applied for disability allowance on 26 July 2011. The medical evidence supplied with her claim was referred to one of the department’s medical assessors who was of the opinion, based on the information supplied, that she was not medically suitable for disability allowance. The deciding officer accepted this opinion. The deciding officer further decided that the person in question does not meet the condition of being habitually resident in the State, in accordance with the guidelines. Accordingly, her claim for disability allowance was refused and the person was notified of the decision and the reasons for it and of their right of appeal.
No appeal against that decision was received and the time for it has now expired. However, the person in question may write to the Social Welfare Appeals Office, setting out the full grounds of their appeal and requesting that their appeal will be accepted. It should be noted that this application is disallowed on two grounds as, in addition to habitual residence, the applicant does not satisfy the medical conditionality. It is also open to the person in question to submit a new application for disability allowance.
