Dáil Éireann Debate, Tuesday - 21 January 2014
365. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in respect 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. [2683/14]
View answerThe Department received an application for carer’s benefit from the person in question on 26 October 2012. Under the provisions of carer’s benefit and carer’s leave legislation, a person claiming carer’s benefit may take up limited employment outside the home for up to 15 hours per week. Earnings from this limited employment cannot exceed €332.50 per week.
The employer confirmed that the person in question was working within the limited hours and earnings per week and carer’s benefit was awarded from 10 January 2013 to 7 January 2015. Following a control check, involving an investigation by a social welfare inspector (SWI) it was established that the person concerned works less than 15 hours per week apart from one week per month when the person in question works 4 consecutive nights. Both the hourly limit and earnings limit for these particular weeks are exceeded.
Carer’s benefit legislation states that a person who, having been in receipt of carer’s benefit for less than 6 weeks, ceases to be entitled to that benefit they shall be disqualified for receipt of carer’s benefit for 6 weeks from the last day for which he or she was entitled to the benefit. Therefore, where a person does not satisfy the conditions for receipt of carer’s benefit for 1 week out of every 4, they are also deemed not to satisfy the conditions for the other 3 weeks.
On 11 December 2013 a letter was issued to the person concerned outlining the circumstances as the Department sees them and the consequences of those circumstances and giving them the opportunity to present their own case in response.
On 17 January 2014 a formal decision was issued to the person concerned stating that her carer’s benefit claim has been suspended. A copy of this letter including correspondence received from the person concerned was forwarded to the Social Welfare Appeals Office for an appeal to be opened. The Social Welfare Appeals Office will be in direct contact with the person concerned in due course.
