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Social Welfare Benefits

Dáil Éireann Debate, Tuesday - 25 July 2023

Tuesday, 25 July 2023

Questions (706)

Colm Burke

Question:

706. Deputy Colm Burke asked the Minister for Social Protection to confirm that a liability raised for a person (details supplied) by her Department arising out of additional hours worked in excess of the limit on their carer’s allowance will be nullified due to the fact that these hours relate to their work helping elderly and vulnerable people with home help during the pandemic in 2020 and 2021 and were required as there was no one else available to undertake this work, and that they did not intend to circumvent the rules; and if she will make a statement on the matter. [36183/23]

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Written answers

Carer'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.

To qualify, applicants must show that they are habitually resident in the State, that their means are less than the statutory limit, that they are providing full-time care and attention and that the person being cared for requires full-time care and attention.

A person is 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 has been provided for the care recipient in their absence.

Once in payment, my Department periodically reviews claims to ensure that there is continued entitlement. 

The person concerned has been in receipt of Carer’s Allowance since 27 September 2007.  A review of their claim was initiated on 15 September 2022.

Following receipt of the information requested, it became apparent that the person concerned was working in excess of the hours permitted by the legislation and had means exceeding the statutory limit.  As a result, payment was suspended from 27 October 2022.

Further information was supplied confirming a reduction in working hours, but the person concerned still had assessable means.  They also had been working over the hours for the period 29 October 2020 to 26 October 2022 which resulted in an overpayment.

The payment of Carer's Allowance was reinstated from 27 October 2022 with a reduced payment due to assessable means.  Any arrears due for this period were withheld to offset against the overpayment.  The person concerned was notified of this on 17 February 2023 and of their right to review and/or appeal.

An appeal against the overpayment was requested on 6 March 2023 and further information was supplied in support of this.  The appeal was examined by the Social Welfare Appeals Office and the result was that the appeal was disallowed and the overpayment remained.  The Social Welfare Appeals Office indicated that the Department should work with the appellant to negotiate a repayment plan.  The person concerned was notified of this on 11 July 2023.

I hope this clarifies the position for the Deputy.

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