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Thursday, 20 Jun 2013

Written Answers Nos. 128-137

Carer's Allowance Appeals

Questions (128)

Seán Ó Fearghaíl

Question:

128. Deputy Seán Ó Fearghaíl asked the Minister for Social Protection if she will ensure a review is undertaken regarding a decision to refuse carer's allowance in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [29755/13]

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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 4th December 2012. The person concerned was refused carers allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. She was notified of this decision on 27th of February 2013. Additional medical evidence was received on 15th March 2013 and forwarded to the Department’s medical assessor for consideration. However, this information did not alter the opinion of the medical assessor and the decision remained unchanged. The person in question was notified of this decision on 8th of June 2013, the reasons for it and of her right of appeal. The person concerned has appealed this decision and further medical evidence along with the letter of appeal was received on the 18th of June 2013. All the necessary papers will be submitted to the Social Welfare Appeals Office for determination.

Disability Allowance Appeals

Questions (129)

Niall Collins

Question:

129. Deputy Niall Collins asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [29773/13]

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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 29th May 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.

Supplementary Welfare Allowance Appeals

Questions (130)

Patrick O'Donovan

Question:

130. Deputy Patrick O'Donovan asked the Minister for Social Protection the reason a person (details supplied) in County Wexford is not eligible for supplementary welfare while awaiting an appeal on jobseeker's allowance; and if she will make a statement on the matter. [29783/13]

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Written answers

An application for supplementary welfare allowance by the person concerned was refused by a Designated Officer of the Department on the grounds that he had failed to disclose his means.

The Social Welfare Appeals Office has advised me that the person concerned has appealed the disallowance of his supplementary welfare allowance application and that this appeal was referred to an Appeals Officer on 10th June 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.

Social Insurance Issues

Questions (131)

Michael Healy-Rae

Question:

131. Deputy Michael Healy-Rae asked the Minister for Social Protection her views on correspondence (details supplied) regarding employment; and if she will make a statement on the matter. [29836/13]

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Written answers

The determination of the employment status and therefore the PRSI Class applicable to working directors has been the subject of challenges, court judgments and legal advices. As a result, the Department carried out an examination of the matters that determine the insurability status of working directors, having regard to these judgments and advices.

As the Deputy will be aware I am currently taking the Social Welfare and Pensions (Miscellaneous Provisions) Bill 2013 through the Houses of the Oireachtas. Section 16 of the Bill provides that a working director with a shareholding of 50% or more in a company will not be regarded as being insurable as an employed contributor in the company. Company directors holding 50% or more of the shareholding of a company are not normally regarded as falling within a normal employer/employee relationship and are therefore, deemed not to be employed under a contract of service and liable for PRSI Class A contributions (as an employee). Instead, such company directors are deemed to be employed under a contract for services and to be liable for PRSI Class S contributions (as a self-employed person). The Bill has been passed by Dáil Éireann and is scheduled to be debated in Seanad Éireann next week.

Rent Supplement Scheme Eligibility

Questions (132)

Seán Kenny

Question:

132. Deputy Seán Kenny asked the Minister for Social Protection the reason a person (details supplied) in Dublin 5 who now works 20 hours per week has had their rent supplement disallowed. [29884/13]

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Written answers

The person concerned was in receipt of jobseeker’s allowance up until 30 April 2013 when she commenced full-time employment. As the person was no longer in receipt of a primary social welfare payment, there was no entitlement to a rent supplement and the claim was suspended.

The person concerned has made a further claim for jobseeker’s allowance from 10 June 2013 on the basis that her hours of employment have now reduced. This claim is currently with a Deciding Officer for a decision. It is open to the person to re-apply for rent supplement and to have her entitlement re-examined, taking account of the recent change in her circumstances.

Rent Supplement Unit can be contacted at (01) 8172600. e-mail swaloc800@welfare.ie. Postal address P.O. Box 11905, Dublin 12

Disability Allowance Appeals

Questions (133)

Pat Breen

Question:

133. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on a disability allowance appeal in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [29901/13]

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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 February 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. These papers were received in the Social Welfare Appeals Office on 10th June 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.

Back to School Clothing and Footwear Allowance Scheme Eligibility

Questions (134)

Michael Healy-Rae

Question:

134. Deputy Michael Healy-Rae asked the Minister for Social Protection her views regarding social welfare payments (details supplied); and if she will make a statement on the matter. [29904/13]

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Written answers

The back to school clothing and footwear allowance (BSFFA) scheme provides a one-off payment to eligible families to assist with the extra costs when children start school each autumn. The Government has provided €48.8m for the scheme in 2013.

A person may qualify for payment of BSCFA in respect of a qualified child or children if they are in receipt of a social welfare payment or Health Service Executive payment, or participating in an approved employment scheme or attending a recognised education and training course and have household income at or below certain set levels. Any changes to the eligibility for the scheme which would allow additional persons to qualify for the payment would have to be considered in a budgetary context.

Jobseeker's Benefit Applications

Questions (135)

Bernard Durkan

Question:

135. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when jobseeker's allowance, or basic payment in lieu thereof, will be made in the case a person (details supplied) in County Kildare who has submitted all the required documentation, as requested, regarding his application; and if she will make a statement on the matter. [29931/13]

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Written answers

The person concerned is currently in receipt of a basic supplementary welfare allowance payment. The jobseekers benefit claim of the person concerned has been awarded and a payment will issue shortly.

Rent Supplement Scheme Payments

Questions (136)

Bernard Durkan

Question:

136. Deputy Bernard J. Durkan asked the Minister for Social Protection the maximum rent in respect of which rent support is payable in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [29932/13]

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Written answers

The maximum rent limit in the case of the person concerned in respect of which rent support is payable is €800 per month with effect from 17 June 2013.

Rent Supplement Scheme Payments

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for Social Protection the maximum rent support available to a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [29933/13]

View answer

Written answers

The person concerned is not in receipt of a rent allowance. However, her spouse is in receipt of a rent allowance. He receives the maximum rent support available to a person of his family' size and circumstances. His rent allowance is due for review on 11th November 2013 in accordance with section 20(1)(b) of the Residential Tenancies Act 2004.

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