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Social Welfare Appeals

Dáil Éireann Debate, Thursday - 1 February 2024

Thursday, 1 February 2024

Questions (306)

John McGuinness

Question:

306. Deputy John McGuinness asked the Minister for Social Protection if a carer's allowance will be approved for a person (details supplied). [4774/24]

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Written answers

Carer'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.

I confirm that my Department received an application for CA from the person concerned on 30 March 2023.

It is a condition for the receipt of CA that the person concerned must be providing full-time care and attention, and it is a further condition that the person being cared for must require full-time care and attention.

The evidence submitted in support of this application was examined and the deciding officer decided that this evidence did not indicate that either of these conditions was satisfied.

The person concerned was notified on 18 April 2023 of this decision, the reason for it and of their right of review and appeal.

My Department was notified on 23 June 2023 that the person concerned had appealed this decision to the Social Welfare Appeals Office (SWAO).  The Department file was sent to the SWAO for determination on 26 June 2023.

On 12 September 2023, the appeal was disallowed by an Appeals Officer of the SWAO.

Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of relevant additional evidence or new facts.  In October 2023, the person concerned requested a review of the Appeals Officer's decision.  The Department file was returned to the SWAO on 9 October 2023 for re-consideration.

As part of the review of the Appeals Officer's decision, an oral hearing took place in December 2023.  At the hearing, the Appeals Officer requested additional medical evidence.  Once this has been received, a final decision will be made on the appeal.

I hope this clarifies the position for the Deputy.

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