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Social Welfare Benefits.

Dáil Éireann Debate, Thursday - 20 October 2005

Thursday, 20 October 2005

Ceisteanna (113, 114, 115, 116, 117)

Dermot Fitzpatrick

Ceist:

110 Dr. Fitzpatrick asked the Minister for Social and Family Affairs the reason he has withdrawn the national fuel allowance from residents of local authority houses; and if he will make a statement on the matter. [29882/05]

Amharc ar fhreagra

Ruairí Quinn

Ceist:

111 Mr. Quinn asked the Minister for Social and Family Affairs if he will reverse his decision to withdraw the €9 weekly fuel allowance from 237 senior citizens; and if he will make a statement on the matter. [29950/05]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 110 and 111 together.

In the course of a routine review of fuel allowance payments, the Department recently ceased allowance entitlement which had been paid in error in a specific number of cases where the recipients were in local authority accommodation with subsidised or low cost heating. The allowances in question, which should not have been put in payment in the first place, were withdrawn in these cases with effect from the start of this winter heating season.

The allowance was terminated in all of these cases as from 29/30 September 2005, and included in their new pension books or in electronic funds transfer payments. The claimants overpaid the allowance were not requested to repay the sums of money overpaid to them.

As a long standing policy within the scheme, fuel allowances are not payable in situations where a person has access to his or her fuel supply or is benefiting from a subsidised or low cost heating service, such as those provided by Dublin City Council at several of its housing complexes.

The basis for this condition of the scheme is that the contribution local authority tenants in communal heating situations make towards their heating costs is limited to a fixed and relatively small amount, typically around €6 per week, included as part of their overall rent charge. Unlike other tenants and social welfare clients generally, who must buy their own fuel at prevailing retail cost, these tenants are protected from increases in heating costs, the true cost of which is subsidised significantly by Dublin City Council and the other local authorities concerned. I have no plans at present to change the fuel allowance eligibility rules in such cases.

More generally, the rates of fuel allowance are under active review in my Department, particularly in view of the significant recent increases in domestic heating fuel prices. However, any change to the scheme would have very significant cost implications and would have to be considered in the context of the budget, and in the light of the resources available to me for improvements in social welfare generally.

Michael Ring

Ceist:

112 Mr. Ring asked the Minister for Social and Family Affairs when a person (details supplied) in County Mayo will be approved and awarded the disability allowance. [29955/05]

Amharc ar fhreagra

The person appealed against this decision to the social welfare appeals office. The appeal has been referred to an appeals officer who is of the opinion that an oral hearing is required. Arrangements are being made to have the hearing in the week commencing 7 November 2005. He will be advised of the exact date and venue for the hearing when the necessary arrangements have been made.

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.

Bernard J. Durkan

Ceist:

113 Mr. Durkan asked the Minister for Social and Family Affairs if a refugee or asylum seeking family will avail of rented accommodation outside of residential accommodation; and if he will make a statement on the matter. [29989/05]

Amharc ar fhreagra

Asylum seekers who arrived in this country since 10 April 2000 can have their accommodation needs and other basic living facilities met through the direct provision services operated by the Department of Justice, Equality and Law Reform. Following changes in social welfare legislation which came into effect on 27 May 2003, rent supplement is not payable where a person is not lawfully in the State, or where a person has made an application for asylum under the Refugee Act 1996 or an application to remain in the State under the Aliens Act 1935, and is awaiting a decision by the Minister for Justice, Equality and Law Reform on that application. Accordingly, if asylum seekers choose not to avail of direct provision facilities, they are not eligible to apply for rent supplement and must meet their accommodation needs from their own resources.

Refugees, including people whose asylum application has been accepted, who have been granted leave to remain in the country are generally entitled to assistance for housing on the same basis as Irish citizens: for example, they can seek to have their housing needs met by their local housing authority. If the housing authority is unable to meet that need and if they are unable to provide for their accommodation otherwise from their own resources, the families or persons concerned are eligible to apply to the Health Service Executive in the normal way for a rent supplement under the supplementary welfare allowance scheme.

Bernard J. Durkan

Ceist:

114 Mr. Durkan asked the Minister for Social and Family Affairs the reason supplementary welfare allowance has been refused in the case of a person (details supplied) in Dublin 6; and if he will make a statement on the matter. [29990/05]

Amharc ar fhreagra

The position remains as I outlined to the Deputy on 6 October 2005 in response to his question about this case. The Dublin-mid-Leinster area of the Health Service Executive has advised that, following a review of her entitlements, it determined the person concerned was not entitled to supplementary welfare allowance on the grounds that she did not satisfy the statutory habitual residence condition. Her payment was terminated accordingly in September 2005.

The person concerned has been advised of her right of appeal to the relevant officer of the executive against this decision to disallow her claim. She can appeal subsequently if necessary to the social welfare appeals office. No appeal has been received from her to date.

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