Written Answers Nos. 435-458
436. Deputy Éamon Ó Cuív asked the Minister for Social Protection if an appeal by a person (details supplied) that was lodged in respect of a domiciliary care allowance will be accepted given the circumstances; and if she will make a statement on the matter. [59324/22]
View answerThe 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.
I am advised that the appeal application sent on behalf of the person concerned to the Social Welfare Appeals Office on 1 November 2022 was deemed to be a late appeal by that Office on the basis of the information available at the time. However, as the Deputy has now advised in the details provided with the parliamentary question, that the person concerned only received the decision of the Deciding Officer dated 27 September 2022 two weeks later on 11 October 2022 the appeal has now been accepted.
In accordance with the statutory requirements the relevant Departmental papers and the comments of the Deciding Officer on the matter raised in the appeal have been sought.
On receipt of a response from the Department of Social Protection 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 necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
438. Deputy Jennifer Murnane O'Connor asked the Minister for Social Protection her engagement with stakeholders regarding the provision of an occupational pension for community employment supervisors; and if she will make a statement on the matter. [56442/22]
View answerAs the Deputy will be aware, following an agreement between the Minister for Public Expenditure and Reform and the Minister for Social Protection, a final settlement was reached with unions representing CE supervisors and assistant supervisors at the end of 2021 in settlement of this specific 2008 Labour Court recommendation. This settlement resolves the long-standing issue through a once off ex-gratia payment to eligible CE supervisors and assistant supervisors. At the end of last year, both unions involved confirmed acceptance of this settlement which will benefit approximately 2,500 people employed by CE schemes going back to 2008. It is estimated to have a total cost of over €24 million.
Generally, under the terms of this settlement, on reaching retirement age, eligible CE supervisors and assistant supervisors will receive a once off ex-gratia payment in respect of time employed by CE schemes since 2008.
Following Government approval earlier this month, legislative provisions for these payments has been included in the Social Welfare Bill, which will, once enacted, facilitate the payment of processed ex-gratia applications. It is my intention that these payments will issue before the Christmas break, subject to the safe passage of the required legislation. I can confirm that 624 claims have been received to date, with 480 payments processed and ready for payment. Work is ongoing to process the remaining cases as soon as possible. The recipients will receive notification when their payments are issuing.
I can also confirm that the pension auto enrolment process will also apply to CE workers, once operational. CE supervisors and workers also have access to the standard State Contributory Pension and this will also continue in the future.
I trust this clarifies the matter for the Deputy.
439. Deputy Emer Higgins asked the Minister for Social Protection the measures that are being taken to ensure that the CE scheme is working optimally. [53842/22]
View answerCommunity Employment (CE) is an active labour market programme designed to provide eligible long-term unemployed people and other disadvantaged persons with an opportunity to engage in useful work within their communities on a temporary, fixed term basis. Participation on the scheme is part time - 19.5 hours per week.
We are all very conscious of the important role that CE plays and we all wish to support them as best we can. In addition to providing valuable occupational experience and training as a stepping-stone to employment for people who are unemployed, schemes such as CE and Tús also provide important and, in many cases essential, services to their local communities.
Thankfully, given the strong labour market performance the number of unemployed people dependent on social welfare payments continues to fall. While this is very welcome it also means that the number of candidates available for CE also falls. This creates an obvious challenge.
Having said that, it is not an insurmountable challenge, and working together with CE sponsors we can, and have, devised changes that will help the schemes to continue to support their local communities.
For example, following engagement with CE sponsors Minister Humphreys and I have announced a number of reforms and enhancements to CE over the course of the past twelve months.
These changes included a provision to allow CE participants who reach 60 years of age to remain on CE until they reach state pension age. We also updated the baseline year for CE which opens the scheme to a cohort of people who had previously participated in the scheme. Extensions have also been granted to participants where the Department has not been in a position to provide new referrals to fill vacancies.
More recently as part of Budget 2023 we announced an increase of €5 per week in the weekly CE allowance. This increase is in addition to the increase in the core social welfare payments of €12 per week, meaning the minimum payment on CE will amount to €247.50 per week. This is the lowest rate of payment and people with children or other dependents receive additional payments, which are also increasing as part of our budget measures. For example, a person with an adult partner and one child aged over 12 will receive €443.50 per week, equivalent to about €23 per hour. These are attractive rates of payment and will help to encourage participation on the schemes.
We also changed the candidate referral process for CE. Schemes have been given new flexibility to allow them to directly recruit eligible candidates to fill 30% of places but are also a mandated to accept and place at least 60% of people referred by Intreo. This is to ensure that places do not go unfilled when there are candidates available from the Live Register. CE sponsors have also been granted some flexibility to extend individual placements and to retain existing participants in cases where no replacement is immediately available. Plans are also at an advanced stage for a new pilot scheme to extend CE eligibility to people who are Qualified Adults on a jobseeker claim; these are generally unemployed partners of people in receipt of a payment in their own right. Legislative provision for this initiative has been included in the Social Welfare Bill and it is intended that this pilot will start early in 2023.
More widely, while on CE participants complete an individual learning plan (ILPs) which is designed to identify and develop the individual’s education and training needs through one-to-one meetings with the CE supervisor, with an aim to help them upskill for a move into the open labour market. As participants come to the end of their time on the programme, the supervisor works with them on their exit plan to ensure the best use is made of their experience.
As I have already said, both Minister Humphreys and I are very conscious of the need to support CE and we continue to meet regularly with representatives of the programme.
I trust this clarifies the position for the Deputy.
440. Deputy Sean Sherlock asked the Minister for Social Protection the breakdown of exceptional needs payments under the supplementary welfare allowance paid in October 2021 and October 2022; the total and individual value of each payment; and the total expenditure by category and month for October 2021 and October 2022, in tabular form. [59340/22]
View answerUnder the supplementary welfare allowance scheme, my Department may make Additional Needs Payments to help meet expenses that a person cannot pay from their weekly income. This is an overarching term used to refer to exceptional and urgent needs payments, and certain supplements to assist with ongoing or recurring costs that cannot be met from the customer’s own resources, and which are deemed to be necessary.
The schemes are demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.
It is not feasible to show the individual payment amount for each Additional Needs Payment.
Tables 1 and 2 show the breakdown by category of the number and total expenditure paid in October 2021 and September 2022 for Additional Needs Payments.
Figures for October 2022 are not yet finalised. The Department is developing the statistical output of this scheme to provide a standard reference point for the future dissemination of these figures.
Any person who considers they may have an entitlement to an Additional Needs Payment is encouraged to contact their local community welfare service. There is a National Community Welfare Contact Centre in place - 0818-607080 - which will direct callers to the appropriate office.
I trust this clarifies the matter for the Deputy.
Table 1 - The number, by category, of Additional Needs Payments paid in October 2021 and September 2022
|
Months |
Bills |
Child Related |
Clothing |
Funeral |
General |
Housing |
Illness |
Urgent Needs Payments |
Other Supplements |
Totals |
|
Oct-21 |
124 |
161 |
865 |
202 |
1,213 |
2,009 |
102 |
24 |
NA |
4,700 |
|
Sep-22 |
446 |
193 |
3,770 |
223 |
2,554 |
2,115 |
107 |
80 |
82 |
9,570 |
Table 2 - The total expenditure, by category, of Additional Needs Payments paid in October 2021 and September 2022
|
Months |
Bills |
Child Related |
Clothing |
Funeral |
General |
Housing |
Illness |
Urgent Needs payments |
Other Supplements |
Totals |
|
Oct-21 |
€77,283 |
€26,622 |
€104,760 |
€432,183 |
€272,448 |
€2,319,620 |
€13,560 |
€11,053 |
NA |
€3,257,529 |
|
Sep-22 |
€259,544 |
€37,443 |
€486,975 |
€617,015 |
€1,018,574 |
€3,315,230 |
€16,090 |
€66,384 |
€306,000 |
€5,817,255 |
Note: These figures are taken from the Department's database and represent a snapshot of ANPs as they are approved by an officer rather than when they are paid. The figures do not capture payments that are cancelled, payments that go out of date or overpayments recouped and therefore will not reconcile with the end of year outturn figures.
441. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which documentation, including medical evidence, has been furnished to her Department in connection with the disability allowance and or possible invalidity pension application in the name of a person (details supplied); and if she will make a statement on the matter. [59349/22]
View answerI can confirm the Department has not received an application for Invalidity Pension (IP) for the person concerned.
I can confirm that the department received an application for disability allowance (DA) from the person concerned on 28 April 2022. The person concerned submitted a completed DA application form and a completed medical report by their doctor on 28 April 2022. In addition, he submitted a copy of his contract from the Auctioneers for the purchase of his house.
The person concerned was requested to supply supporting documentation on the 18 May 2022 and 06 July 2022 required by the deciding officer in order to make a decision on his eligibility. The requested information was received by the department on the 10 June 2022 and 26 July 2022.His application was referred to a Social Welfare Inspector (SWI) on 11 August 2022 for a report on the person’s means and circumstances. The SWI requested information from the person concerned on the 09 September 2022, which was only partially supplied.
Based on the evidence supplied in support of this person’s application, his application for DA was disallowed on failing to supply sufficient information to determine means.The person concerned was notified in writing of this decision on 13 October 2022, and they were given the right to a review or an appeal.
To date no request for a review or an appeal has been received.
I trust this clarifies the matter for the Deputy.
442. Deputy Seán Canney asked the Minister for Social Protection if a person who has been living alone in Ireland for 19 years and who is in receipt of €215 per week in workman’s compensation from the United States of America can receive the living alone allowance and fuel allowance; and if she will make a statement on the matter. [59350/22]
View answerThe Living Alone Allowance is a payment for people aged 66 years or over who are in receipt of certain social welfare payments, including State Pension (Contributory), State Pension (Non-Contributory), Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension, Widow's, Widower's or Surviving Civil Partner's (Non-Contributory) Pension, Widow's/Widower's Pension under the Occupational Injuries Benefit Scheme, Incapacity Supplement under the Occupational Injuries Benefit Scheme, Deserted Wife's Benefit, and who are living alone.It is also paid to people aged under 66 who live alone and are in receipt of Disability Allowance, Invalidity Pension, Incapacity Supplement or Blind Pension.The Living Alone Allowance is not means tested and the payment is made as an increase to the recipient’s primary social welfare payment.A claimant must be in receipt of a primary Social Protection payment in order to qualify for the Living Alone Allowance.The Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs. Only one allowance is paid per household.In Budget 2023, I was pleased to announce the largest ever expansion of the Fuel Allowance Scheme. As part of this, from January 2023, a new means test will be introduced for over 70s. Under the new means test, a single person over 70 will be able to have income of €500 per week and a couple will be able to have income of €1,000 per week and still qualify for Fuel Allowance.Those aged 70 or over will also no longer be required to be in receipt of a qualifying Social Welfare payment to be able to access the Fuel Allowance payment. All other relevant qualifying conditions for the Fuel Allowance payment will have to be satisfied.For those under age 70, to receive the fuel allowance payment, an applicant must be in receipt of a qualifying Social Welfare payment, satisfy a means test and the household composition test. This ensures that the fuel allowance payment goes to those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and those who are unlikely to have additional resources of their own.
I hope this clarifies the matter for the Deputy.
443. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect a decision on a disability allowance to be completed; and if she will make a statement on the matter. [59372/22]
View answerThe person concerned submitted an application for disability allowance (DA) on 21 July 2022. Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that they were substantially restricted in taking up employment.
The person concerned was notified in writing of this decision on 01 October 2022 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).
An appeal was lodged with the independent Social Welfare Appeals Office (SWAO) on 22 November 2022.
The person concerned should ensure that all information relevant to their appeal has been submitted to the Social Welfare Appeals Office quoting reference number 22/22835.
I trust this clarifies the matter.
444. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect a decision on a fuel allowance application to be completed; and if she will make a statement on the matter. [59373/22]
View answerThe Fuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.
The fuel allowance application has been approved. The person concerned requested that payment be made as a lump sum. As the claim was awarded after the start of the fuel season, the payment will issue on a weekly basis until the end of December 2022. On the 6 January 2023 a lump sum payment will issue for the second half of the fuel season. A letter issued to the person informing them of this on the 24 November 2022.
Under the supplementary welfare allowance scheme, my Department can make additional needs payments to help meet expenses that a person is unable to do so from their weekly income. Decisions on such payments are made on a case-by-case basis.
I trust the clarifies matters.
445. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect a decision on a carer's allowance application to be completed; and if she will make a statement on the matter. [59374/22]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An application for CA was received from the person concerned on 12 August 2022.
A person can be considered to be providing full-time care and attention where they are engaged in employment, self-employment or on training courses for a maximum of 18.5 hours per week, provided that they can show to the satisfaction of a deciding officer that adequate care is being provided for the care recipient in their absence.
The application for CA was disallowed on the grounds that the person concerned is attending a course for more than 18.5 hour per week.
The person concerned was notified on 20 September 2022 of this decision, the reason for it and of their right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of their application. Following this review the decision remained unchanged.
The person concerned was notified on 24 November 2022 of the outcome of the review, the reasons for it and of their right of appeal.
I hope this clarifies the position.
446. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect a decision on a carer's allowance application to be completed; and if she will make a statement on the matter. [59375/22]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
An application for CA was received from the person concerned on 5 May 2022.
It is a condition for receipt of CA that every applicant is required to furnish a deciding officer with such certificates, documents, information, and evidence as may be required for the purpose of deciding a claim.
The person concerned did not provide documents that were requested in relation to their means and their employment. Therefore, the application for CA was disallowed.
The person concerned was notified on 6 September 2022 of this decision, the reason for it and of their right of review and appeal.
The person concerned requested a review of this decision and submitted additional evidence in support of their application.
Following a review of this information, CA was awarded to the person concerned on 18 November 2022, with effect from 7 October 2021. The first payment issued to their nominated bank account on 24 November 2022.
Arrears of allowance due from 7 October 2021 to 23 November 2022 issued on 24 November 2022.
The person concerned was notified on 18 November 2022 of this revised decision, the reason for it and of their right of review and appeal.
I hope this clarifies the position.
447. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect a decision on a review of a carer's allowance application to be completed; and if she will make a statement on the matter. [59376/22]
View answerCarer's Allowance is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
Means are any income belonging to the carer and their spouse, civil partner, or cohabitant, property (except their own home) or an asset that could bring in money or provide them with an income. The means test for Carer’s Allowance has been significantly eased over the years and is now one of the most generous means tests in the Social Welfare system, most notably with regards to a spouse’s earnings.
As part of Budget 2022 the income and capital limits for the Carer’s Allowance means assessment increased effective from 02 June 2022. This includes an increase in the weekly income disregard from €665 to €750 for a couple. In addition, the amount of capital disregarded in the means test increased from €20,000 to €50,000.
In advance of the implementation of the above Budget measures, the Department initiated a review of Carer’s Allowance recipients who were in receipt of a reduced rate payment in order to determine how these measures might impact on their rate of payment. In many cases, recipients’ payments were increased as a result of the Budget measures. In other cases, including the case of the person concerned, recipients’ payments were reduced, not because of the Budget measures but because of an increase in household income.
As the person concerned was receipt of a reduced weekly payment following their last means assessment conducted on 20 September 2018, a review of their claim was initiated on 12 February 2022.
A response was received from the person concerned on 15 March 2022. Based on the information provided, the Deciding Officer (DO) requested additional information on 4 May 2022.
It is a condition for receipt of CA that every claimant shall furnish such certificates, documents, information and evidence as may be required for the purposes of deciding the claim and attends at such office or place as an officer may direct.
The person concerned failed to provide the DO with information that was required to determine if their means were below the statutory limit. As the requested information was not supplied, it was decided that the person concerned was not entitled to CA and the claim was terminated with effect from 2 June 2022. The person concerned was notified on 25 May 2022 of this decision, the reason for it and of her right of review and appeal.
The person concerned requested a review of this decision on 31 May 2022. On 14 June 2022, the matter was referred to a local Social Welfare Inspector (SWI) to assess the level of care being provided, assess means and confirm that all the conditions for receipt of CA are satisfied.
On foot of the report of the SWI, the DO decided that the means of the person concerned were not less than the statutory limit and that they were therefore not entitled to CA.
The person concerned was notified on 19 August 2022 of the outcome of this review, the reason for it and of her right of review and appeal.
The person concerned requested a further review on 1 Sept 2022 and submitted additional evidence in support of their application.
Following this review, the decision of 19 August 2022 remained unchanged. The person concerned was notified on 14 September 2022 of the review outcome, the reason for it and of their right of review and appeal.
The department were notified on 14 October 2022 that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO). On 24 November 2022, the file was forwarded to the SWAO for their independent determination.
I hope this clarifies the matter for the Deputy.
448. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect a decision on a review of carer's allowance to be completed; and if she will make a statement on the matter. [59377/22]
View answerCarer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
Once CA claims are in payment, the Department periodically reviews them to ensure that there is continued entitlement. Depending on the circumstances in each case and to make best use of resources, a review may only concentrate on a specific condition of entitlement.
Following a review of means in this case, it was determined that the person concerned had assessable means from their own and their spouse’s employment of €211.58 once the disregard of €750 was applied. This resulted in a CA rate of €59.00 per week with effect from 2 June 2022.
The person concerned was notified on 18 May 2022 of this outcome, the reason for it and of their right of review and appeal.
The person concerned requested an appeal of this decision.
The Department was notified on 18 November 2022 that the outcome of the appeal is that the original decision is confirmed.
I hope this clarifies the position.
449. Deputy Brendan Griffin asked the Minister for Social Protection when a disability allowance application will be processed for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [59411/22]
View answerDisability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions
I can confirm my Department has not received an application for DA for the person concerned. A completed DA application form must be submitted to the Department in order to establish if the person concerned has an entitlement. An application form was posted to the person concerned on 28 September 2022, 25 October 2022 and 24 November 2022.
I trust this clarifies the matter for the Deputy.
450. Deputy Brendan Griffin asked the Minister for Social Protection her views on a matter (details supplied); and if she will make a statement on the matter. [59440/22]
View answerThe purpose of the Exceptional Needs Payment (ENP) is to assist people with essential, once-off, exceptional expenditure, which a person could not reasonably be expected to meet out of their weekly income.
ENPs are demand led and payments are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case in order to ensure that the payments target those most in need of assistance.
Applications for ENPs are made under the Supplementary Welfare Allowance Scheme administered by Designated Persons in the Community Welfare Service in my Department.
According to the records of my Department, the person concerned applied for assistance with the purchase of household items and flooring for her new accommodation. Having assessed the circumstances of the claim, the Designated Person awarded the person the sum of €230 towards expenses.
A decision letter recently issued to the person concerned advising her of the outcome of her application and affording her the option of seeking a review of the Designated Person’s decision.
Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.
Following your representation, a review of the claim is being undertaken by a SWA Review Officer. When the review has been completed person will be advised of the outcome in writing.
I trust this clarifies the matter.
451. Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an application for fuel allowance by persons (details supplied) in County Kerry; and if she will make a statement on the matter. [59451/22]
View answerFuel Allowance is a contribution towards the energy costs of a household. The payment of €33 per week for 28 weeks (a total of €924 each year) is paid from late September to April.
The Fuel Allowance application for the person concerned was awarded from 23 September 2022. The person concerned was notified in writing on the 24 November 2022.
I hope this clarifies the position for the Deputy.
452. Deputy Anne Rabbitte asked the Minister for Social Protection when a person (details supplied) can expect to receive a response in respect of a carer's allowance application; and if she will make a statement on the matter. [59454/22]
View answerThe 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.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered on 5 August 2022 and in accordance with the statutory requirements the Departmental papers and the comments of the Deciding Officer on the grounds of appeal were sought. These papers were received on 28 September 2022 and referred on 5 October 2022 to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter.
453. Deputy Thomas Pringle asked the Minister for Social Protection when a substantive reply will issue to correspondence of 28 October 2022 with her office (details supplied); and if she will make a statement on the matter. [59457/22]
View answerA substantive reply to the correspondence in question in question will have issued from my office by post on 22 November 2022.
I trust that this clarifies the matter.
454. Deputy Marc MacSharry asked the Minister for Social Protection if she will address the anomaly whereby participants on social schemes who are eligible for the Christmas bonus but happen to be in receipt of illness benefit when the bonus is being paid out do not qualify for the bonus even though they have not ceased participation on the social schemes and, had they not fallen ill, would have received an extra week payment on the social schemes; and if she will make a statement on the matter. [59462/22]
View answerI was pleased to announce on Budget Day that a 100% Christmas Bonus will be paid this year benefitting 1.3 million people in receipt of long-term social welfare payments. The Bonus will be paid during the week beginning the 5th of December and will cost approximately €294 million.
The Bonus includes payments to pensioners, people with disabilities, carers, lone parents and the long-term unemployed in recognition of their long-term financial dependence on their social welfare payment for all, or most, of their income.
Illness Benefit is not, and has never been, a qualifying payment for the Christmas Bonus. It is a scheme which, by its nature, is a short-term social welfare scheme. It has a high degree of churn with people coming onto the scheme and moving off every week, often with very short duration claims. For example, between July and September 2022, almost 115,000 Illness Benefit claims were awarded and, of these, only 21,000 remain in payment. This indicates a churn of 82% over just a three-month period. The average duration of a claim for Illness Benefit is only 6 days.
I do appreciate however that individual circumstances can vary from case to case. I have asked my officials to examine this issue in respect of people who are in receipt of Illness Benefit for longer periods of time.
I trust this clarifies the matter for the Deputy.
455. Deputy Pádraig O'Sullivan asked the Minister for Social Protection when a decision will be made on a disability allowance section 317 review (details supplied); and if she will make a statement on the matter. [59467/22]
View answerThe 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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the disability allowance appeal of the person concerned by way of a summary decision on 18 October 2022.
Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer has agreed on receipt of the file from the Disability Allowance section in the Department of Social Protection to immediately review the appeal decision on foot of this additional evidence. The person concerned will be advised of the outcome of the review in due course.
I trust this clarifies the matter for the Deputy.
456. Deputy Pádraig O'Sullivan asked the Minister for Social Protection when a decision will be made on a disability allowance application (details supplied); and if she will make a statement on the matter. [59468/22]
View answerI can confirm that my department received an application for disability allowance (DA) from this person on 02 November 2022.
Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that they were substantially restricted in taking up employment.The person concerned was notified in writing of this decision on 25 November 2022 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).I trust this clarifies the matter for the Deputy.
457. Deputy John McGuinness asked the Minister for Social Protection if the appeal submitted by this Deputy on behalf of a person (details supplied) will be expedited and approved given the exceptional circumstances of the case. [59471/22]
View answerThe 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.
The Social Welfare Appeals Office has advised me that an appeal on behalf of the person concerned was registered in that office on 9 November 2022. 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 these papers have been received from the Department, the case in question will be immediately referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
458. Deputy Matt Carthy asked the Minister for Social Protection if a person applying for fuel allowance has to meet all four conditions in relation to who they reside with, or if satisfying any one out of the four conditions is sufficient in order to qualify; and if she will make a statement on the matter. [59478/22]
View answerThe Fuel Allowance is a payment of €33 per week for 28 weeks (a total of €924 each year) from late September to April, at an estimated cost of €366 million in 2022. The purpose of this payment is to assist these households with their energy costs.
The criteria for Fuel Allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. To qualify for the Fuel Allowance payment, a person must satisfy all the qualifying criteria including the household composition criteria. This ensures that the fuel allowance payment is targeted at those who are more vulnerable to fuel poverty including those reliant on social protection payments for longer periods and who are unlikely to have additional resources of their own.
To satisfy the household composition requirement, an applicant must live alone or only with:
- a qualified spouse / civil partner / cohabitant or qualified child(ren); (if the Qualified Adult is in receipt of half rate Carer’s Allowance, in addition to the IQA payment, they may qualify for Fuel Allowance, subject to a means test)
OR
- a person in receipt of a qualifying payment who would be entitled to the allowance in their own right
OR
- a person who is in receipt of Carer’s Allowance or Carer’s Benefit in respect of providing full-time care and attention to the Fuel Allowance applicant or their qualified spouse / civil partner / cohabitant or qualified child(ren).
OR
- a person receiving short-term Jobseeker's Allowance or Basic SWA (less than 312 days for JA and less than 12 months/364 days for SWA).
If an applicant lives with anyone other than those outlined above, then Fuel Allowance is not payable.
I hope this clarifies the matter for the Deputy.
