Written Answers Nos. 390-405
390. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of an appeal 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. [1529/14]
View answerI confirm that the department received an application for carer’s allowance from the person in question on the 17th of September 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 and the reason for it. The person concerned appealed this decision.
On the 19th of June 2013 file was submitted to the Social Welfare Appeals office for determination. The Social Welfare Appeals Office carried out all the necessary investigations on this claim and subsequently the appeal was disallowed as the qualifying conditions for carers allowance have not been met. The person concerned was notified of the Appeals Officer’s decision on 2nd of January 2014 and the reasons for the Appeals Officer’s decision to disallow the appeal. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.
391. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in the determination of an appeal 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. [1531/14]
View answerCarer’s allowance was stopped on 19th September 2013 in respect of the person in question as, following a review, it was decided that the medical criteria were no longer satisfied.
In order for a child under 16 years to be deemed eligible for carer's allowance, domiciliary care allowance must be in payment for that child. In those circumstances, the child is deemed to be automatically medically eligible for carer’s allowance.
Once the child reaches 16 years of age entitled to domiciliary care allowance ceases, this results in a review of the continuing entitlement to carer’s allowance.
The person in question has appealed this decision. All the necessary papers have recently been submitted to the Social Welfare Appeals Office for determination. The Social Welfare Appeals Office will be in touch with the person directly regarding the progress of the appeal.
392. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in determination of a review in respect of an application 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. [1534/14]
View answerThe person in question was awarded carers allowance from 6th May 2010. Following a recent control check review the means for the person concerned have been re-assessed, and it has been decided that his means exceed the statutory limit. The claim has been disallowed and payment will cease from 16th January 2013. The person concerned was notified of this decision on the 9th of January 2014 the reasons for it and of his right of review or appeal.
393. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of an application for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1539/14]
View answerThe application, based upon the evidence submitted, was refused on medical grounds and the person concerned was notified in writing of this decision on 27 September 2013.
The person subsequently appealed this decision and his claim has been sent to the Social Welfare Appeals Office who will inform him directly of the outcome on his appeal.
394. Deputy Bernard J. Durkan asked the Minister for Social Protection if and when disability allowance will issue in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1540/14]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.
I am advised that the person concerned has submitted additional evidence and that the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.
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.
395. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in determination of appeal for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1542/14]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence has allowed the appeal of the person concerned. The person concerned has been notified of the decision.
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.
396. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for State pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1543/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20th November 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 11 December 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.
397. Deputy Jack Wall asked the Minister for Social Protection her Department's regulations regarding a stated employment problem (details supplied); and if she will make a statement on the matter. [1545/14]
View answerIssues relating to employment law and the rights of employees are a matter for the Department of Jobs, Enterprise and Innovation.
However, in relation to social welfare payments, illness benefit is payable if the person satisfies the necessary qualifying social insurance contribution conditions and is medically certified as being incapable of work, irrespective of the person’s employment status.
398. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in determination of eligibility for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1563/14]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.
I am advised that the person concerned submitted additional evidence and that the Appeals Officer agreed to hold an Oral Hearing in this case. However, the person concerned submitted further additional evidence which the Appeals Officer has considered and has decided to allow the appeal. The person concerned has been notified of the Appeals Officer’s decision.
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.
399. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in the determination of an appeal for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [1565/14]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence has allowed the appeal of the person concerned. The person concerned has been notified of the decision.
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.
400. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a one-parent family allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [1601/14]
View answerThe person concerned is in receipt of a reduced rate of One Parent Family Payment.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 10th January 2014 and that 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 in relation to social welfare entitlements.
401. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal against the decision not to grant child benefit in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [1615/14]
View answerThe Social Welfare Appeals Office has advised me that there is no record of any appeal by the person concerned having been received by that office.
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.
402. Deputy Michael McGrath asked the Minister for Social Protection if she will consider providing a right of audience for pensioners in the context of the changes being introduced under the Social Welfare and Pensions (No. 2) Act 2013; and if she will make a statement on the matter. [1643/14]
View answerThe Social Welfare and Pensions (No. 2) Act 2013 amends the Pensions Act to change the manner in which the resources of a pension scheme are distributed on the wind up of a scheme and to broaden the options available to the trustees of a scheme when considering a restructure of scheme benefits. These changes essentially provide for the sharing of the risk of scheme underfunding across all scheme beneficiaries. The issue of how these changes might be applied will be a matter for the trustees of the scheme who are required under trust law to act in the best interest of all scheme beneficiaries.
Any consideration of a restructure of pension scheme benefits must comply with the provisions in the Pensions Act and with guidance issued by the Pensions Board. This guidance makes provision for the notification of all pensioners in advance of any application to the Pensions Board to restructure scheme benefits. In such circumstances a pensioner will have at least one month to make a submission to the trustees of the scheme in relation to such a proposal. The Pensions Board must be satisfied that all the provisions in the guidance are complied with before the Board will consider issuing a notice to restructure scheme benefits.
The consultation process which preceded the publication of the Social Welfare and Pensions (No. 2) Bill, 2013 included engagement with representatives of pensioners, the pensions industry, employers and trade unions. Written submissions were also sought from these stakeholder groups. The output from this process informed the legislative proposals.
The matter of representation by pensioner groups in consideration of a change to scheme benefits could also be considered in a broader industrial relations context. In this regard, I have written to the Minister for Enterprise Trade and Innovation and my officials have recently met with pensioner representatives on this matter.
403. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection when a decision will be made on a disability allowance appeal in respect of a person (details supplied) in County Cavan. [1685/14]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 8 January 2014, 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.
404. Deputy Michael Creed asked the Minister for Social Protection when a decision will issue on a jobseeker's allowance appeal in respect of a person (details supplied) in County Cork. [1696/14]
View answerThe person concerned was refused Jobseeker’s Allowance by a Deciding Officer of the Department on the grounds that her means were not disclosed.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 15 November 2013 and that 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 in relation to social welfare entitlements.
405. Deputy Derek Keating asked the Minister for Social Protection the position regarding a domiciliary care allowance in respect of a person (details supplied); and if she will make a statement on the matter. [1702/14]
View answerAn application for domiciliary care allowance was received on the 30th October 2013. The application was not allowed as it was considered that the child does not meet the eligibility criteria for the allowance. A decision letter issued to the customer on the 6th January 2014 advising of this decision.
In the case of an application which is refused on medical grounds the applicant may submit additional information and/or ask for the decision to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within twenty one days.
