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Tuesday, 29 Jan 2013

Written Answers Nos. 377-396

Disability Allowance Appeals

Questions (377)

Pat Deering

Question:

377. Deputy Pat Deering asked the Minister for Social Protection when a decision on a disability allowance claim appeal will be made in respect of a person (details supplied). [3707/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12th September 2012. 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 06th December 2012 and the 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.

Family Income Supplement Appeals

Questions (378)

Michelle Mulherin

Question:

378. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an application for family income supplement in respect of a person (details supplied) in County Mayo; when a decision will issue; and if she will make a statement on the matter. [3731/13]

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Written answers

The person concerned applied to have their family income supplement (FIS) payment renewed with effect from 15 November 2012. Following this re-application, the case of the person concerned was referred to a social welfare investigator to confirm the position regarding family income. The report of the social welfare investigator has recently been received in FIS section and FIS has now been awarded to the person concerned with effect from 15 November 2012 for 52 weeks. Payment including any arrears due since 15 November will reach their nominated bank account on Thursday 31 Jan 2013. The person concerned will be notified directly of the details of this decision.

Carer's Allowance Applications

Questions (379)

John O'Mahony

Question:

379. Deputy John O'Mahony asked the Minister for Social Protection when a person (details supplied) in County Mayo will receive a decision on their application for carer’s allowance; and if she will make a statement on the matter. [3738/13]

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Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 2nd May 2012. A request for further information required to make a decision was issued to the person in question on 24th January 2013. As soon as the information is received it will be processed and the person concerned will be notified directly of the outcome.

Question No. 380 withdrawn.

Asylum Support Services

Questions (381)

Pádraig MacLochlainn

Question:

381. Deputy Pádraig Mac Lochlainn asked the Minister for Social Protection if she will ensure that asylum seekers in direct provision are not subjected by their community welfare officers to a five days notice requirement to receive payments for travel to Dublin for legal appointments in view of the short deadlines applying within the asylum process. [3744/13]

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Written answers

Under the supplementary welfare allowance (SWA) scheme, the Department may make a single exceptional needs payment (ENP) to help meet essential, once-off, exceptional and unforeseen expenditure which a person could not reasonably be expected to meet out of their weekly income. There is no automatic entitlement to a payment under this scheme. ENPs are payable at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance. The Government has provided approximately €48 million for the scheme in 2013.

The timescale for determining and paying ENPs is dependent on a number of factors including the availability of all the required information and making arrangements for the issue of the payment. The Department is advised that this enquiry relates to the Waterford area. Officers in this area have confirmed that applications for assistance for travel in the circumstances outlined by the Deputy are generally processed within one to two days. Arrangement for the payment of the allowance, having regard to the immediacy of the situation, is determined by the officer administering the scheme.

Social Welfare Code

Questions (382)

Nicky McFadden

Question:

382. Deputy Nicky McFadden asked the Minister for Social Protection if she will outline the rights generally of the Roma Community in Ireland in relation to access to Social Protection supports such as job seeker's allowance and rent supplement. [3755/13]

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Written answers

The group in question have the same access to social welfare income support schemes as other EU nationals coming here to live or work. EU nationals who are entitled to work here pay PRSI contributions on the same basis as other employees and, if they satisfy the qualifying conditions, they may receive contributory benefits on the same basis as Irish and other EU citizens.

Social assistance schemes such as those referred to by the Deputy are subject to the habitual residence condition. The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004. The effect of the condition is that a person whose habitual residence is elsewhere would not normally be entitled to social welfare assistance or child benefit payments on arrival in Ireland.

The determination of a person’s habitual residence takes accounts of five factors which are set out in legislation, as follows:

(a) the length and continuity of residence in the State or in any other particular country;

(b) the length and purpose of any absence from the State;

(c) the nature and pattern of the person’s employment;

(d) the person’s main centre of interest, and

(e) the future intentions of the person concerned as they appear from all the circumstances.

These five factors have been derived from European Court of Justice case law. A deciding officer will assess a person’s situation having regard to the factors outlined and if he is not satisfied that the person is habitually resident in Ireland they will not qualify for a payment.

Questions Nos. 383 and 384 withdrawn.

Mortgage Interest Supplement Applications

Questions (385)

Bernard Durkan

Question:

385. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when mortgage interest support will be restored to the levels at which it was primarily paid in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3785/13]

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Written answers

Payment of mortgage interest supplement to the person concerned is currently under review. In order to establish the correct level of supplement payable she was issued with an explanatory letter and the relevant form for completion on the 13th January, 2013. This form has not been returned to date nor has she contacted the local community welfare service office. To enable the review to be completed, the person concerned should return the completed form or contact her local community welfare service office.

Questions Nos. 386 and 387 answered with Question No. 129.
Question No. 388 withdrawn.

Invalidity Pension Appeals

Questions (389)

Derek Keating

Question:

389. Deputy Derek Keating asked the Minister for Social Protection the reason for the delay in reaching a decision on 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. [3813/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 8th January 2013, 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.

Disability Allowance Appeals

Questions (390)

Paul Connaughton

Question:

390. Deputy Paul J. Connaughton asked the Minister for Social Protection when an appeal regarding disability allowance will be heard in respect of (details supplied) in County Galway in view of the fact that the appeal was lodged more than thirteen months ago; and if she will make a statement on the matter. [3814/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14th December 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 22nd January 2013 and the 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.

Question No. 391 withdrawn.

Invalidity Pension Appeals

Questions (392)

Anne Ferris

Question:

392. Deputy Anne Ferris asked the Minister for Social Protection the reason for the delay in an appeal for invalidity pension in respect of a person (details supplied) in County Dublin considering the appeal was lodged in March 2012; if she will indicate when this invalidity pension claim will be completed; and if she will make a statement on the matter. [3845/13]

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Written answers

Invalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions. The person concerned has appealed a decision to disallow, on medical grounds, her invalidity pension claim. Further medical evidence has been submitted by the person in question which is currently awaiting review by a medical assessor. If, following this review, it is decided that she still does not satisfy the medical criteria, her file and all relevant papers will be prepared and forwarded to the Social Welfare Appeals Office for determination. If the claimant is deemed to satisfy the medical criteria, a revised decision will be made by a deciding officer and she will be notified of same.

Invalidity Pension Appeals

Questions (393)

Michael McGrath

Question:

393. Deputy Michael McGrath asked the Minister for Social Protection the position regarding an invalidity pension appeal in respect of a person (details supplied) in County Cork. [3864/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16th January 2013. 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. When received, the appeal in question will be referred in 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.

Domiciliary Care Allowance Appeals

Questions (394)

Michael Creed

Question:

394. Deputy Michael Creed asked the Minister for Social Protection the reason for the delay in issuing a decision on a domiciliary care allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [3867/13]

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Written answers

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 on 6th February 2013. The person concerned has been notified of the arrangements for the 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.

EU-IMF Programme of Support Negotiations

Questions (395)

Michael McGrath

Question:

395. Deputy Michael McGrath asked the Minister for Social Protection if he will detail the policies being implemented by his Department on which he wrote to the EU / ECB / IMF troika; and if he will make a statement on the matter. [3888/13]

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Written answers

As the Deputy will be aware Ireland is in the final year of the EU-IMF Programme of Financial Support. The Programme is subject to a quarterly review mission with the three external partners, the EU, the ECB and the IMF (the Troika). It is at these review missions that discussions take place with regard to programme commitments which translate into the Programme documents which are updated and agreed after every mission. The review missions, the ninth of which begins today, involve a large number of technical meetings which are attended by officials from the Department of Finance, the Department of Public Expenditure and Reform and when appropriate from other Departments (including the Department of Social Protection), the Central Bank and the NTMA.

Following each review mission the external partners and the Irish authorities agree updated programme documents, specifically the Memorandum of Understanding on Specific Economic Policy Conditionality, the Memorandum of Economic and Financial Policies and the Technical Memorandum of Understanding. The programme documents outline the policies discussed with our external partners and detail the commitments which we have agreed to. Once the documents are finalised, the Letters of Intent are signed jointly by the Minister for Finance and the Governor of the Central Bank and are issued to the EU and the IMF, along with the accompanying programme documents. The Programme documents then go through an EU and IMF approval procedure and once approved these documents are laid before the Houses of the Oireachtas and placed on the Department of Finance website following their transmission.

There are also continuing contacts at official level, relating to technical and implementation issues. I have not written to the Troika in relation to any specific policy which is being implemented in order to meet the expenditure ceilings for my Department.

Question No. 396 withdrawn.
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