Dáil Éireann díospóireacht -
Tuesday, 20 May 2003

Vol. 567 No. 1

Written Answers. - Social Welfare Appeals.

Michael Ring

Ceist:

98 Mr. Ring asked the Minister for Social and Family Affairs the reason care recipients are not brought into oral hearings to progress the carer's allowance appeals; and the way in which a judgment can be made on carer's allowance when the carer is brought to the oral hearing and not the care recipient. [13515/03]

Minister for Social and Family Affairs (Mary Coughlan)

In applications for carer's allowance, the basic qualifying conditions, apart from a means test, are that the person receiving care must be so incapacitated as to require full-time care and attention and the carer is providing that full-time care and attention. The carer is the applicant and, accordingly, is the appellant against a decision disallowing payment. Appeals against the refusal of claims for carer's allowance normally require an oral hearing in order to determine the appeal. The carer, as the appellant, attends the hearing but the person being cared for ordinarily cannot and does not attend.

In his annual report for 2001, the chief appeals officer alluded to the question raised by the Deputy. He recognised that the care recipients are fundamental to the issue and that, in some cases, they would be able to provide valuable, first-hand testimony. However, many are, by definition, too elderly or frail to attend and for this reason they are rarely summoned. There is provision, however, for having the cared for person examined by a medical assessor of the Department where this is likely to be helpful and where their doctor has indicated that they are fit to attend.

While it is accepted that testimony by the care recipient could be helpful in certain cases it is considered that the medical evidence and the testimony of the carer provide a basis on which a fair and equitable determination can be made. Ultimately, the question of who should attend an oral hearing is one for the appeals officer but in general, care recipients who attend hearings with a view to testifying in support of the carer's appeal are readily facilitated.