Michael Ring
Ceist:1329 Mr. Ring asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo has not been awarded a full rate of old age contributory pension. [22104/04]
Amharc ar fhreagraWednesday, 29 September 2004
Ceisteanna (1150, 1151)
Freagraí scríofa
According to the records of my Department, the person concerned has a total of 678 social insurance contributions recorded over the 48 year period from 1955 to 2003 which works out at a yearly average of 14. This entitles him to a half rate pension currently payable at the rate of €83.70 per week.
Following an appeal by the person concerned this decision was upheld by a social welfare appeals officer. An appeals officer's decision is final and conclusive unless there are new facts or fresh evidence to warrant a review.
The position was clarified for the solicitors acting on behalf of the person concerned in June 2004. No fresh evidence or new information has been submitted to date to warrant a review. 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.
Seán Crowe
Ceist:1330 Mr. Crowe asked the Minister for Social and Family Affairs if her attention has been drawn to the apparent contradictions surrounding the case of a person (details supplied) in County Cork; and if this person is entitled to be back-paid this allowance from 2001. [22106/04]
Amharc ar fhreagraThe person concerned originally applied for a carer's allowance on 3 October 2001. This application was refused on 18 January 2002 on the grounds that his means were not disclosed. It was also refused on the grounds that the provision of full-time care and attention as prescribed in regulations were not met.
He was formally notified of this decision in writing on 18 January 2002, the reasons for it and of his right to appeal. No appeal was lodged in this case. There is no departmental record of any contact by the applicant or other representative regarding this case until a further application for carers allowance was made by him on 12 May 2004.
Following the necessary investigations, he was awarded carer's allowance with effect from 20 November 2003. This includes back dating of his claim six months from the date of the application. He was notified of this decision, the reasons for it and of his right of appeal to the social welfare appeals office on 13 September 2004.
As the person concerned did not satisfy the conditions necessary for receipt of carer's allowance at the time of his original application in October 2001, the claim cannot be backdated to that date.
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.