Written Answers Nos. 122-129
122. Deputy Bernard J. Durkan asked the Minister for Social Protection if she will review the decision to refuse invalidity pension in the case a person (details supplied) in County Kildare on foot of new and conclusive medical evidence to be submitted under separate cover; and if she will make a statement on the matter. [50067/13]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 08th July 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers have been received in the Social Welfare Appeals Office and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.
Any additional evidence submitted to the Social Welfare Appeals Office will be brought to the attention of the Appeals Officer.
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 in relation to social welfare entitlements.
123. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when rent supplement will be made available in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [50068/13]
View answer124. Deputy Bernard J. Durkan asked the Minister for Social Protection if back to education allowance will be made payable in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [50069/13]
View answerI propose to take Questions Nos. 123 and 124 together.
A person wishing to pursue a course of study under the back to education allowance scheme will have to satisfy a number of conditions one of which is that a person who is aged between 18 and 20 must be out of formal education for at least 2 years. Periods spent on FÁS/Fáilte Ireland full-time Training Courses, FÁS Job Initiative, Youth Reach or Job Assist can count towards the relevant qualifying period and may be regarded as periods out of formal education.
The person concerned made an application for Back To Education Allowance on 14th October, 2013. The person's application was disallowed as he was not out of formal education for 2 years. He was notified of this decision on 1st November, 2013.
There is no record of an application form for Rent Allowance in the Department. The person concerned should contact his local Community Welfare Service Officer to ascertain his entitlement.
125. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 136 of 7 November 2013, the way it transpires that no rent support was received by the family from October 2012 to May 2013 in view of the fact that the family was resident in the property during that period in the case of persons (details supplied) in County Dublin; and if she will make a statement on the matter. [50070/13]
View answerThe persons concerned were deemed to have no entitlement to Rent Supplement during the period from 1st November 2012 to 31st May 2013, by virtue of having no underlying entitlement to a primary social welfare payment, which is one of the qualifying conditions for receipt of Rent Supplement.
The persons concerned were in receipt of both Jobseekers Allowance and Rent Supplement up until August 2011. At that time the primary social welfare payment (Jobseekers Allowance) was disallowed due to non-disclosure of means. The persons concerned appealed that decision and were paid both Supplementary Welfare Allowance and Rent Supplement pending the outcome of the appeal.
The decision to disallow Jobseekers allowance was upheld by the Appeals Officer in October 2012 and, as a consequence, entitlement to both Supplementary Welfare Allowance and Rent Supplement ceased from that date.
One of the persons concerned qualified for Jobseekers Allowance from 27th June 2013 and Rent supplement was paid from 1st June 2013, as the person had now established an entitlement to a primary social welfare payment.
As there was no entitlement to a primary social welfare payment between October 2012 and June 2013, the persons concerned did not qualify for Rent Supplement during this period.
126. Deputy Bernard J. Durkan asked the Minister for Social Protection the position regarding an application for guardianship payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [50071/13]
View answerThe deciding officer in this case is awaiting further information before a decision can be made on the applicant’s eligibility to guardian’s payment. On receipt of the outstanding information the applicant will be notified of the decision without delay.
127. Deputy Bernard J. Durkan asked the Minister for Social Protection when rent allowance will be approved in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [50072/13]
View answerAn application was received on 24th of October 2013 and a request for further information issued to the client on 30th October 2013. The Department continues to await this information required to process the application and a decision will issue once received.
128. Deputy Bernard J. Durkan asked the Minister for Social Protection further to Parliamentary Question No. 143 of 7 November 2013, in the matter of a person (details supplied) in County Kildare, if eligibility for the payment will be re-examined as a matter of urgency in view of the circumstances; and if she will make a statement on the matter. [50073/13]
View answerThe deciding officer disallowed the claim for guardian’s payment (contributory) from the person concerned on 30/05/2012 on the basis that the current care arrangements for the child do not satisfy the conditions for receipt of payment. This decision was upheld by the Social Welfare Appeals Office on 15/03/2013 and the decision of the Social Welfare Appeals Office is final.
If the person concerned has any new facts or evidence in this case, they should send them to the guardian’s payments area where a deciding officer will decide if a review of the decision is warranted.
129. Deputy Seán Ó Fearghaíl asked the Minister for Arts, Heritage and the Gaeltacht his views on whether it is unusual that Kildare County Council has included only seven structures on the Curragh Camp in its inventory of listed buildings in its most recent county development plan; if the Department or the authorities on the Curragh Camp have actively engaged with the planning department of Kildare County Council in identifying buildings that might be listed; if planning officials from the council have carried out a thorough survey of all relevant buildings on the Curragh Camp; if the Department has sought in any way to influence the county council with regard to the buildings it might list; and if he will make a statement on the matter. [49859/13]
View answerPart IV of the Planning and Development Acts 2000-2012 provides for the protection of architectural heritage. The Act gives primary responsibility to planning authorities to identify and protect the architectural heritage by including them on the Record of Protected Structures. Inclusion on the Record of Protected Structures places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with development proposals affecting them and to seek to safeguard their future.
The National Inventory of Architectural Heritage (NIAH) is a State initiative under the administration of my Department. Its purpose is to identify, record, and evaluate the post-1700 architectural heritage of Ireland, uniformly and consistently, as an aid in the protection and conservation of the built heritage. As Minister, I recommend structures rated as being of 'regional importance' or above to the planning authorities for inclusion on the Record of Protected Structures. However, the making of an addition to, or a deletion from, a record of protected structures is a reserved function of the relevant planning authorities, in this case Kildare County Council.
I am advised that there are 12 buildings in the Curragh Camp recorded in the NIAH survey of 2003, which were recommended to be included in the Record of Protected Structures of Kildare County Council. I understand that subsequently 7 of these structures were added to the Record of Protected Structures. My Department has no record of having received reasons for non-inclusion of the remaining structures and will formally enquire of Kildare County Council as to the reasons the remaining 5 structures were not included in the Record.
