Written Answers Nos. 137 - 144
137. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding payment of rent allowance arrears in the case of persons (details supplied) in County Dublin; and if she will make a statement on the matter. [15899/13]
View answerOne of the persons concerned has a claim for rent supplement which is currently suspended pending establishment of entitlement to a primary social welfare payment. He made a repeat claim for jobseeker’s allowance. The jobseeker’s allowance claim has been investigated and returned to the Swords Local Office where a decision will be made on the claim. The person concerned will be notified directly of the decision.
The other person concerned has withdrawn their jobseeker’s allowance claim and is opting to pursue an application for carer’s allowance instead. The carer’s allowance claim has been returned to carer’s section for a decision. The person concerned will be notified directly of the decision. Both the carer’s allowance claim and jobseeker’s allowance claim are subject to both persons concerned disclosing their means. Following on from the decision on the jobseeker’s allowance claim, the position in relation to the rent allowance claim will then be reviewed.
One of the persons concerned has withdrawn their jobseeker’s allowance claim and is opting to pursue an application for carers instead. Both the carers claim and jobseeker’s allowance claim are subject to them disclosing their means. The Inspector’s means assessment for the jobseeker’s allowance claim has been returned to the Swords Local Office and a decision will be made on the claim. The person concerned will be notified directly of the decision. The Inspector’s means assessment for the carer’s claim has been returned to Carer’s section for a decision. The person concerned will be notified directly of the decision. Following on from the decision on the jobseeker’s allowance claim, the position in relation to the rent allowance claim will then be reviewed.
138. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding rent support entitlement in the case of a person (details supplied) in County Kildare with particular reference to their inability to obtain rental accommodation within the limits prescribed by her Department which apply to County Kildare in general but do not take account of the higher rental costs in north Kildare; and if she will make a statement on the matter. [15900/13]
View answerThe person concerned has been requested to contact this Department in relation to a review of her rent supplement.
139. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason rent support has been refused in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15901/13]
View answerThe client was refused rent supplement as the entitlement is not payable where accommodation provided by a housing authority is vacated without good cause. The person concerned has also not provided evidence that she has a current housing needs assessment. If the person concerned is dissatisfied with the decision she is entitled to appeal. Appeals should be made in writing within 21 days to: The Chief Appeals Officer, Social Welfare Appeals Office, D’Olier House, D’Olier St, Dublin 2.
140. Deputy Bernard J. Durkan asked the Minister for Social Protection the latest date by which a valid appeal was acceptable in the case of a person (details supplied) in County Kildare in view of the fact that the deciding offer refused to allow a late appeal; if a new application for invalidity pension is required in this case; and if she will make a statement on the matter. [15902/13]
View answerThe last formal decision on the application for invalidity pension by the person concerned was issued on 08 October 2011. I am advised by the Social Welfare Appeals Office that, in the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of that decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. However, in view of the length of time which has elapsed since he was notified of the decision of the Deciding Officer, it is considered that the acceptance of an appeal would not be warranted at this late stage. It would, however, be open to him to make a new application for invalidity pension to the Department and to have the matter determined afresh in the light of any changed circumstances.
If he is dissatisfied with the decision given in that regard, it would be open to him to appeal against the decision by writing to the Social Welfare Appeals Office stating clearly the grounds of his appeal. 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.
141. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding determination of entitlement-appeal in the case of a person (details supplied) in County Kildare in respect of a domiciliary care allowance application; and if she will make a statement on the matter. [15903/13]
View answerAn application for domiciliary care allowance was received from the person concerned on the 1st October 2012. This application was referred to one of the Department’s Medical Assessors who considered that the child was not medically eligible for the allowance. A letter issued on the 25th October 2012 advising of the decision. The person concerned subsequently requested a review of the decision. The case was reviewed by another Medical Assessor on the 25th March 2013, who, having examined all the information supplied, confirmed the opinion that the child was not medically eligible for the allowance. A letter issued on the 26th March 2013 advising of the decision. As the person concerned had only requested a review of the case it is now open to her to appeal the decision to the Social Welfare Appeals Office within twenty one days.
143. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if a decision by the Athlone social welfare office not to pay social entitlements to retained fire fighters in Athlone, although they are actively seeking employment, is in contravention of the Minister of State’s statement on the matter recently. [15940/13]
View answerPart-time fire fighters may be awarded a jobseeker’s payment provided that they satisfy the conditions - as set out in social welfare legislation - of being available for and genuinely seeking work. Any person, including individuals who are part-time fire fighters, who fails to satisfy these conditions, on an on-going basis, is not entitled to such payment. In this respect, Deciding Officers do not treat part-time fire fighters differently to any other jobseeker. In applying the legislation, Deciding Officers have regard to the availability of job vacancies in the locality, the age and educational qualifications, together with the family circumstances of the particular claimant. A Deciding Officer will make a decision based on the individual circumstances of each case.
Issues relating to the eligibility of fire fighters for jobseeker’s payments have been raised with my Department on numerous occasions over the years. Taking account of the unusual circumstances of these workers and general efforts to develop and standardise the jobseeker schemes, a group was established in the Department to examine their position. Issues in relation to fire fighters remain under consideration in the Department and key to these considerations will be recognition of the very valuable service which this group of workers provide to their local communities. I will be in touch with Deputies in the coming weeks to advise them of the outcome of the Department’s deliberations in this matter.
144. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding a determination in respect of one-parent family allowance appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15942/13]
View answerThe 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. Every effort will be made to hear the case as quickly as possible and the appellant 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.
