Dáil Éireann Debate, Tuesday - 16 May 2023
439. Deputy Colm Burke asked the Minister for Social Protection if consideration would be given to review the reasons that a person (details supplied) was unsuccessful in their carer's allowance appeal despite having acted upon the reasons for their initial refusal and providing sufficient documentary evidence as confirmation of their new circumstances; and if she will make a statement on the matter. [22434/23]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised that the question under appeal in this case is whether, at the date of claim, the appellant was engaged in self-employment for over 18.5 hours per week.
The person applied for carer’s allowance in August 2022. In October 2022 she informed the Department's Social Welfare Inspector that she worked as a self-employed book-keeper for eight hours a day. On 1 November 2022 a Deciding Officer refused the application on the basis that the person was engaged in employment for more than the maximum of 18.5 hours per week allowed under the scheme
For the appeal to succeed, the person must meet the statutory requirements at the date of claim. At the date of the claim on 18 August 2022 the appellant was engaged in self-employment for over 18.5 hours per week and the appeal was therefore disallowed by an Appeals Officer's decision issued on 31 March 2023.
As already stated in the Appeals Officer's decision, if the person’s circumstances have changed since her initial application it is open to her to make a new application providing evidence of her changed circumstances.
I trust this clarifies the matter for the Deputy.
