Tuesday, 26 February 2013

Questions (363)

Bernard Durkan

Question:

363. Deputy Bernard J. Durkan asked the Minister for Social Protection the number of hours of care required to qualify for carer's allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [10036/13]

View answer

Written answers (Question to Social)

I confirm that the department received an application for carer’s benefit from the person in question on the 13th March, 2012. A letter issued on the 31st May 2012 refusing the benefit on the grounds that the caree in question was not medically eligible for carer’s benefit and also that the level of care provided was not adequate for the provision of full-time care and attention as set out in the carer’s benefit legislation. In order to qualify for carer’s benefit, a person must be providing full-time care and attention to a relevant person.

The person in question subsequently appealed this decision. The outcome of the appeal was that while it was allowed on medical grounds it was disallowed on the provision of full time care and attention. Consequently, the claim remains disallowed. The outcome of the appeal and the reasons for it were communicated to the person concerned in a letter dated 24th January 2013.

An appeals officer’s decision is final and conclusive except in the following circumstances:

- in the light of new evidence coming to notice since the decision was made;

- it may be appealed to the High Court but only on a point of law;

- the Chief Appeals Officer may revise any decision where it appears that a mistake was made in relation to the law or the facts. In making a request for such a review, the appellant must state the reasons why they believe a mistake was made regarding the law or the facts.