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Dáil Éireann díospóireacht -
Wednesday, 30 Jan 2002

Vol. 547 No. 1

Written Answers. - Social Welfare Benefits.

Denis Naughten

Ceist:

834 Mr. Naughten asked the Minister for Social, Community and Family Affairs his views on whether the payment of the orphans allowance as part of the foster care allowance contravenes the provisions of the Social Welfare Act, 1995, due to the fact that this payment is the property of the child and not the foster carer; and if he will make a statement on the matter. [1853/02]

Denis Naughten

Ceist:

835 Mr. Naughten asked the Minister for Social, Community and Family Affairs the mechanism he plans to put in place to ensure that the orphans allowance remains the property of the child in line with the Social Welfare Act, 1995; and if he will make a statement on the matter. [1854/02]

Denis Naughten

Ceist:

836 Mr. Naughten asked the Minister for Social, Community and Family Affairs his views on whether the payment of the orphans allowance as part of the foster care allowance contravenes the provisions of the Social Welfare Act, 1995; and if he will make a statement on the matter. [1874/02]

I propose to take Questions Nos. 834 to 836, inclusive, together.

Prior to August 2001, orphan's contributory allowance and non-contributory pension were paid to foster carers by my Department on behalf of some children in foster care. Since then, new arrangements have been introduced which provide for the payment to be made directly to the health board, on behalf of, and for the benefit of, each child in foster care. The payment is then passed on to the foster carer as part of the foster care allowance, which is paid by the health boards.
These new arrangements do not affect the ownership of the payments. It remains the case that in determining entitlement for the non-contributory payment it is the child's means that are assessed and in the case of the contributory payment, it is the contribution record of the child's parents or step parents which is examined in order to determine entitlement to the payment. The arrangements do not contravene the governing social welfare legislation which provides that the payments may be made to the child's guardian or to some other person for the benefit of the child.

Seán Haughey

Ceist:

837 Mr. Haughey asked the Minister for Social, Community and Family Affairs if he will make payments of the disability allowance to claimants who are normally in a residential placing; and if he will make a statement on the matter. [1875/02]

One of the conditions applying to the former disabled person's maintenance allowance, disabled person's maintenance allowance scheme was that the payment was not made to people who were in residential care or in hospital. People in this situation had their maintenance costs and an element of pocket money met through funding from the appropriate health board. However, since the take-over of the disability allowance scheme by the Department of Social, Community and Family Affairs, this disqualification has been progressively relaxed, as follows: from October 1996, disability allowance is continued for up to 13 weeks where the person is admitted to hospital for treatment; with effect from June 1997 disability allowance was paid at half-rate for those in part-time residential care. In addition, people who come home for an extended holiday period of three weeks or more can qualify for disability allowance for that period; since August 1999 existing recipients of disability allowance who are living at home can retain their entitlement where they subsequently go into hospital or residential care; from May 2000, people in part-time residential care who had been entitled to half rate disability allowance since June 1997, became entitled to payment at the full rate.

In addition, people who are living in community-based residences are eligible to receive disability allowance provided the relevant health board is not providing funding towards their maintenance. These improvements now mean that many of those who had previously been disqualified for payment under the disabled person's maintenance allowance scheme because they were in residential care are now entitled to payment under the disability allowance scheme. Nevertheless, based on the limited data available it is estimated there are still in the region of 4,000 to 5,000 people with disabilities in residential care who are not entitled to disability allowance. Many of these people receive a "pocket money" allowance from the health boards. The cost of abolishing the residency rule for this group is estimated to be approximately 32 million per annum.
Despite the recent improvements, it is recognised that more needs to be done. The potential for further improvements in this area will continue to be examined in the light of the available resources and having regard to the Government's other priorities. These new arrangements do not affect the ownership of the payments. It remains the case that in determining entitlement for the non-contributory payment it is the child's means that are assessed and in the case of the contributory payment, it is the contribution record of the child's parents or step parents which is examined in order to determine entitlement to the payment. The arrangements do not contravene the governing social welfare legislation which provides that the payments may be made to the child's guardian or to some other person for the benefit of the child.

Seán Haughey

Ceist:

838 Mr. Haughey asked the Minister for Social, Community and Family Affairs if there are provisions in the supplementary welfare scheme to provide for payments to the parents of a mentally and physically handicapped person towards the cost of purchasing and running a car for the person's benefit; and if he will make a statement on the matter. [1876/02]

The supplementary welfare allowance scheme is administered on behalf of my Department by the various health boards and neither I nor my Department has any function in deciding entitlement in individual cases. The supplementary welfare allowance scheme provides for the payment by a health board of exceptional needs payments in order to assist people with once off exceptional expenditure which, given the circumstances of the case, the person could not be reasonably expected to meet out of their normal weekly income. Eligible people would normally be in receipt of a social welfare or health board payment. Payments are "once-off" and totally discretionary. Every decision in these cases is based on careful consideration of all the circumstances of the individual case taking account of the nature and extent of the need, the availability of an alternative source to meet the need, for example, entitlements from other State agencies, and also takes into account the resources of the household.

There is no facility under the supplementary welfare allowance scheme to make payments in respect of the type of expense referred to by the Deputy. The expenses incurred in purchasing and maintaining a car for the benefit of a person with disabilities are not appropriate to the supplemen tary welfare allowance scheme. The Department of Health and Children operates mobility allowance and motorised transport grant schemes for disabled persons. In addition the Revenue Commissioners grant a number of tax concessions for disabled drivers and passengers, under the disabled driver's and disabled passenger's (tax concessions) scheme.

Michael Ring

Ceist:

839 Mr. Ring asked the Minister for Social, Community and Family Affairs if a person (details supplied) in County Mayo will have an urgent review of means for unemployment assistance purposes. [2006/02]

The person concerned applied for unemployment assistance on 14 November 2001. Her claim was disallowed on the grounds that her means, derived from her spouse's income from self-employment exceeded the statutory limit for receipt of this payment. She appealed this decision to the social welfare appeals office and an appeals officer has decided that an oral hearing is necessary. She will be advised of the date and venue for the hearing when the necessary arrangements have been made. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

840 Mr. Ring asked the Minister for Social, Community and Family Affairs when the entitlement to carer's allowance will be reviewed for a person (details supplied) in County Mayo. [2008/02]

The person concerned was awarded a reduced rate of carer's allowance in September 1999. Following a review of her entitlement she was disallowed carer's allowance as her weekly means derived from her spouse's earnings exceeded the statutory limit. She appealed this decision and a further review of her means was undertaken. Her case has now been forwarded for determination to the social welfare appeals office, which will be in contact with the person concerned shortly. Under social welfare legislation, decisions in relation to claims must be made by deciding officers and appeals officer. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

841 Mr. Ring asked the Minister for Social, Community and Family Affairs when an appeal for a carer's allowance will be finalised for a person (details supplied) in County Mayo. [2012/02]

The person's application for carer's allowance was disallowed by a deciding officer on the grounds that the care recipients, his parents, were not regarded as being in need of full-time care and attention. The person concerned appealed this decision to the social welfare appeals office, which will be in contact with him regarding the outcome of his appeal shortly. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

842 Mr. Ring asked the Minister for Social, Community and Family Affairs when a person (details supplied) in County Mayo will be awarded a carer's allowance. [2015/02]

The person concerned applied for a carer's allowance on 18 December 2001. His case has been referred to an investigative officer of my Department for a means assessment and to confirm that the conditions for receipt of carer's allowance are being satisfied. His entitlement will be further examined in light of the investigative officer's report. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

843 Mr. Ring asked the Minister for Social, Community and Family Affairs the outcome of an oral hearing for a person (details supplied) in County Mayo. [2039/02]

Payment of carer's allowance was disallowed by a deciding officer with effect from 10 August 2001 on the grounds that the person concerned did not satisfy the statutory condition of providing full-time care and attention as she worked in excess of ten hours per week. Following an oral hearing against this decision the appeals officer decided that the person concerned is entitled to carer's allowance with effect from 18 December 2001, when she ceased employment. She has been notified of this decision. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

844 Mr. Ring asked the Minister for Social, Community and Family Affairs when an oral hearing will be scheduled for a person (details supplied) in County Mayo to finalise an appeal for a carer's allowance. [2040/02]

The person's application for carer's allowance was disallowed by a deciding officer on the grounds that the care recipients were not regarded as being in need of full-time care and attention. The person concerned appealed this decision to the social welfare appeals office. In accordance with statutory procedures the comments of the deciding officer on the grounds of appeal have been sought and the appeal will then be dealt with. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring

Ceist:

845 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo has had to wait from March 2001 for an appeal for a carer's allowance to be processed and finalised; and when this person will be called for an oral hearing. [2042/02]

The person's claim for carer's allowance, in respect of her mother, was disallowed by a deciding officer on the grounds that the care recipient was not in need of full-time care and attention, and that the person herself was employed for more than ten hours per week. She appealed against this decision to the social welfare appeals office. Her case was considered by an appeals officer who decided that an oral hearing of the appeal was necessary. This has now been arranged and the appellant has been informed. The delay in setting the appeal hearing is regretted. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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