Michael Ring
Ceist:153 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Limerick is not receiving the carer's allowance for the second person for whom she is caring. [19573/02]
Written Answers. - Social Welfare Benefits.
The person concerned is currently in receipt of carer's allowance at the weekly rate of €122.60. This is the maximum rate of allowance payable where one care recipient is being cared for. At the time of her application, she also applied for an increase in the rate of her carer's allowance for a second care recipient. This application was refused as the full-time care and attention condition was not satisfied in respect of this additional care recipient.
The person concerned was notified of this decision and of her right to appeal to the social welfare appeals office. She subsequently appealed this decision and submitted further medical evidence in support of her appeal. Following an oral appeal hearing the original decision to refuse an increase in her carer's allowance was upheld. An appeals officer's decision is final and conclusive and can only be reviewed in light of new facts or fresh evidence. The person concerned was notified accordingly.
Further medical information was submitted by the person concerned to the social welfare appeals office. In this regard, a medical examination of the care recipient was undertaken on 1 May 2002 but this has not altered the decision of the appeals officer. Under social welfare legislation decisions on 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:154 Mr. Ring asked the Minister for Social and Family Affairs if a person (details supplied) in County Offaly can be approved for the back to education allowance scheme. [19574/02]
The back to education allowance is a second chance educational opportunities scheme designed to encourage and facilitate certain groups who are receiving social welfare payments to improve their skills and qualifications and, therefore, their prospects of returning to the active work force.
To qualify for participation an applicant must be in receipt of a relevant social welfare payment for at least six months, 156 days immediately prior to commencing the first year of an approved course of study.
The person concerned had already completed one year of a course of study when she applied for participation in the scheme and is not, therefore, eligible for the allowance.
Michael Ring
Ceist:155 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo was advised to apply for the fuel allowance when her Department was fully aware that this person was already receiving this payment. [19576/02]
The person concerned is currently in receipt of a British social security pension which is a qualifying payment for the purposes of the national fuel scheme. He is in receipt of a fuel allowance in respect of the current fuel season.
Following representations made, his eligibility for the living alone allowance was recently examined. In such cases it is normal practice to also examine a customer's potential entitlement to fuel allowance. This was undertaken in the case of the person concerned.
Details of his current fuel allowance entitlement had, however, been recorded on an old claim number rather than on his existing PPS number. As there was no record of fuel allowance being paid under his PPS number a further claim form issued to him. It was subsequently established that the allowance was already in payment and in the circumstances a further claim form should not have issued. My Department's records are being amended to prevent any recurrence.
Any inconvenience caused by this error is regretted.
Michael Ring
Ceist:156 Mr. Ring asked the Minister for Social and Family Affairs the decision regarding an unemployment benefit appeal by a person (details supplied) in County Mayo. [19577/02]
To qualify for entitlement to an unemployment payment a person must be available for and genuinely seeking full-time employment.
The person concerned applied for unemployment benefit on 13 June 2002. His claim was disallowed by a deciding officer on the grounds that he was not genuinely seeking full-time employment.
The person concerned appealed this decision to the Social Welfare Appeals Office and, following an oral hearing, an appeals officer upheld the deciding officer's decision. The appeals officer's decision issued to the person concerned on 17 October 2002. An appeals officer's decision is final in the absence of new facts or fresh evidence.
Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in making such decisions.
John McGuinness
Ceist:157 Mr. McGuinness asked the Minister for Social and Family Affairs if a full stamp instead of a credit will be awarded to those participants on the work-link programme; if this can be applied retrospectively in view of the loss in benefit being experienced by some who moved from the scheme to another benefit, for example maternity allowance; and if the injustice of the scheme can now be addressed. [19612/02]
It is assumed the Deputy's question refers to the link-work experience programme, which is administered by FÁS. In this programme, people are placed with employers to gain both work experience and training. Participants are considered to be FÁS trainees, continuing to receive the standard FÁS training allowance. No payment is made either by the employer to the employee, or by FÁS to the employer. Accordingly, a person would not normally be regarded as being under a contract of service with an employer and have a class A PRSI contribution. If there is any doubt as to whether class A PRSI should be paid, my Department can investigate and decide the issue.
Regulations provide that credited contributions are awarded for the duration of a training course provided or approved by FÁS, ensuring continuity in the person's PRSI record.
To qualify for maternity benefit, a person must be either in paid employment and entitled to leave under the Maternity Protection Act, 1994, or self-employed and satisfy the relevant PRSI qualifying conditions, which include having a certain minimum number of paid contributions.
Under certain circumstances, a person who is pregnant but who does not satisfy the contribution conditions for maternity benefit and is not in receipt of wages from her employer, may receive an unemployment payment for the duration of the maternity leave. This is subject to satisfying all the statutory conditions for receipt of such payment and provided there are no other factors which could call into question her general availability for work.
If the Deputy has a particular case in mind, perhaps he would let me have the relevant details and I will arrange to have the position examined.
Gerard Murphy
Ceist:158 Mr. Murphy asked the Minister for Social and Family Affairs the position regarding an application for disability allowance by a person (details supplied) in County Cork. [19616/02]
Following an examination by a medical assessor of the Department, the claim of the person concerned was disallowed by a deciding officer on the grounds that he did not satisfy the medical eligibility criteria for payment.
He appealed this decision to the social welfare appeals office and in the context of his appeal he was examined by another medical assessor on 7 October 2002, who was also of the opinion that he did not satisfy the relevant medical eligibility criteria. The appeals officer has afforded him an opportunity to furnish any further evidence he may wish to submit in support of his appeal. The appeal will be considered further on receipt of the person's response.
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.