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Wednesday, 26 Jun 2013

Written Answers Nos. 142-149

Carer's Allowance Appeals

Questions (142)

Jack Wall

Question:

142. Deputy Jack Wall asked the Minister for Social Protection the position regarding a carer's allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [30980/13]

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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 5th 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 28th May 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.

Carer's Allowance Applications

Questions (143)

Tom Fleming

Question:

143. Deputy Tom Fleming asked the Minister for Social Protection if she will expedite a carer's allowance payment in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [30983/13]

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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 22nd October 2012. This application was referred to one of the Department’s medical assessors who was of the opinion that the caree in question was not medically eligible for carer’s allowance. A letter issued on the 30th of January 2013 refusing the allowance. The person in question subsequently submitted further medical evidence for review on 22nd of February 2013. The additional evidence has been assessed by a medical assessor. An information request issued to the person concerned on 24th of June 2013 requesting a bank statement. As soon as the information is received a decision will be made and the person concerned will be notified directly of the outcome.

Respite Care Grant Payments

Questions (144)

Tom Fleming

Question:

144. Deputy Tom Fleming asked the Minister for Social Protection if she will reconsider the cut to the respite care grant of almost 20% as this cut is having serious implications on the most vunerable the most needy and the most deserving in society; if she will reverse this decision and reinstate the full grant; and if she will make a statement on the matter. [31004/13]

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Written answers

The contribution that people provide in caring for members of their own family is critical for society. It was for that reason that the Government last year adopted the National Carers’ Strategy with a view to giving greater public recognition to carers and their work.

Carers receive significant income supports from the Department of Social Protection so that people can continue living at home as far as possible. Expenditure on carers has increased significantly in recent years. In 2013 it is estimated to be €776 million compared with an estimated outturn of €771 million in 2012. The expenditure on carers in 2012 included: €509 million on carer’s allowance; €24 million on carer’s benefit; €135 million on the respite care grant and; €103 million on domiciliary care allowance.

Carers also receive a free travel pass at an annual cost of €6 million and carers who reside with the care recipient are eligible for the household benefits package at an annual cost of approximately €30 million.

I am not in a position to reverse the reduction to the respite care grant. The revised rate of €1,375 is still more than what it was in 2006 when the rate was €1,200. The respite care grant is paid to more than 70,000 people each year, with some 5,000 people in receipt of more than one grant as they care for more than one person. Almost 54,000 people are in receipt of the carer’s allowance and 27,000 in receipt of the domiciliary care allowance. There are also 1,700 in receipt of carer’s benefit. Some 5,000 carers not in receipt of a carer’s payment also receive the grant.

The supports available to carers in Ireland are among the highest rates of income support in Europe. A person getting certain qualifying payments and also providing full-time care and attention to another person can keep their main social welfare payment and receive a half-rate carer’s allowance as well. The half-rate carer’s allowance was protected in Budget 2013.

The respite care grant is available to all full-time carers regardless of their means while the income disregard and means test for carers allowance is the most generous in the social welfare system. A couple under 66 with two children, earning a joint annual income of up to €35,400 can qualify for the maximum rate of carer’s allowance while a couple earning €59,300 will still qualify for the minimum rate. Carers are entitled to an extra half-rate carer’s allowance if they care for more than one person and a respite care grant for each care recipient.

Invalidity Pension Appeals

Questions (145)

Seán Fleming

Question:

145. Deputy Sean Fleming asked the Minister for Social Protection when an invalidity pension appeal will be approved in respect of a person (details supplied) in County Carlow; and if she will make a statement on the matter. [31008/13]

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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 11th June 2013. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When received, the appeal in question 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.

Social Welfare Eligibility

Questions (146)

Brendan Smith

Question:

146. Deputy Brendan Smith asked the Minister for Social Protection if her attention has been drawn to the difficulties that arise for emigrants who have now returned home and who are being deprived of social welfare benefits due to the conditions of the habitual residence clause (details supplied); her plans to remove such unfair restrictions; and if she will make a statement on the matter. [31012/13]

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Written answers

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. Guidelines were introduced for Deciding Officers in the Department to assist in ascertaining entitlements of such claimants to social assistance. Each case received for a determination on the Habitual Residence Condition (HRC) is dealt with in its own right and a decision is based on application of the legislation and guidelines to the particular individual circumstances of each case.

The guidelines regarding determination of habitual residence address the issue of returning emigrants very specifically. The Guidelines state: “A person who had previously been habitually resident in the State and who moved to live and work in another country and then resumes his/her long-term residence in the State may be regarded as being habitually resident immediately on his/her return to the State.”

In determining the main centre of interest in the case of returning emigrants, deciding officers take account of:

- purpose of return e.g. expiry of foreign residence permit

- the applicant's stated intentions

- verified arrangements which have been made in regard to returning on a long-term basis e.g. transfer of financial accounts and any other assets, termination of residence based entitlements in the other country, or assistance from Safe Home or a similar programme to enable Irish emigrants to return permanently

- length and continuity of the previous residence in the State

- the record of employment or self-employment in another State and

- whether s/he has maintained links with the previous residence and can be regarded as resuming his/her previous residence rather than starting a new period of residence.

Any applicant who disagrees with the decision on a case has the right to request a review of that decision and/or appeal to the independent Social Welfare Appeals Office.

I am currently examining the guidelines with a view to ensuring that the full-time caring situation is fully recognised in the decision making process.

Rent Supplement Scheme Appeals

Questions (147)

Michael Healy-Rae

Question:

147. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding rent allowance in respect of a person (details supplied) in County Kerry. [31013/13]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned has been 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.

Jobseeker's Allowance Appeals

Questions (148)

Brendan Griffin

Question:

148. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal of a decision of an application for jobseeker's allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [31089/13]

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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 6th 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.

Carer's Allowance Appeals

Questions (149)

Pat Breen

Question:

149. Deputy Pat Breen asked the Minister for Social Protection when a decision will issue on an application for carer's allowance appeal in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [31105/13]

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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 27th March 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 20th 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.

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