Dáil Éireann Debate, Wednesday - 2 April 2008
571 Deputy Michael Ring asked the Minister for Social and Family Affairs the way persons (details supplied) in County Mayo were assessed for farm assist; and if he will provide a detailed breakdown of the calculations in this case. [11925/08]
Amharc ar fhreagraThe persons concerned are married and each is in receipt of a farm assist payment. The basis of the decisions to award them farm assist is currently under appeal. A Deciding Officer assessed the means of the husband at €89.47 from 20 February 2008. The means assessed are halved, as his wife is in receipt of a social welfare payment in her own right, giving an effective weekly means of €45.00 (rounded to nearest euro).
His farm assist entitlement is subject to the limitation in the legislation which provides that, where one spouse is entitled to one of a number of Social Welfare payments, including farm assist and the other is also entitled to a Social Welfare payment, the total payable to them cannot be more than the married rate of allowance payable in each case.
The maximum payment he can receive, if he were claiming alone for the family is €239.10 (personal rate of €197.80, plus Qualified Adult allowance of €131.30, less €90.00 means). His means are derived from the benefit of spouse's off-farm employment and income from a holding. Because his wife is also in receipt of a payment the limitation clause requires that the family rate be halved, giving him an entitlement of €119.55.
A Deciding Officer assessed the means of the wife, within the couple, at €18.00 from 31 October 2007. The means assessed are halved, giving an effective weekly means of €9.00 (rounded to nearest euro). The maximum payment she can receive, if she were claiming alone for the family is €311.10 (personal rate of €197.80, plus Qualified Adult allowance of €131.30, less €18.00 means). Her means are derived from the benefit of earnings from a holding only. The family rate is halved, giving her an entitlement of €155.55. This gives the couple a total entitlement of €275.10 (€119.55 plus €155.55).
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.
572 Deputy Enda Kenny asked the Minister for Social and Family Affairs the reason a person (details supplied) in Dublin 22 is no longer entitled to mortgage interest relief; if he will examine this situation; and if he will make a statement on the matter. [11943/08]
Amharc ar fhreagraThe supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on my behalf by the Community Welfare division of the Health Service Executive. A mortgage interest supplement provides short-term income support to eligible people who are unable to meet their mortgage interest repayments in respect of a house which is their sole place of residence.
The Health Service Executive has advised that it is reviewing the entitlement of the person concerned to mortgage interest supplement and will be in contact with the person directly when a decision has been made on his entitlement.
573 Deputy John McGuinness asked the Minister for Social and Family Affairs if he will examine the case of a person (details supplied) with a view to granting the benefit applied for in view of the exceptional circumstances of the case. [11966/08]
Amharc ar fhreagraThe person concerned originally applied for Disability Allowance on 25 November 2005. The principal conditions for receipt of disability allowance are that the medical eligibility criteria are met and the means test which applies is satisfied. The person concerned satisfies the medical eligibility criteria. However, his claim was refused on 14 March 2006 as it was found that the income derived from his spouse's earnings from self employment was in excess of the statutory limit for entitlement to a Disability Allowance.
He appealed the decision to the Social Welfare Appeals Office. Following an examination of the facts the Appeals Officer disallowed his appeal. In giving a decision on 29 May 2006 the Appeals Officer indicated that the claimant's means exceed the limit for entitlement to an allowance. An Appeals officer's decision is final and conclusive in the absence of new evidence or facts or any change of circumstances since the decision was given.
The claimant submitted a new application for Disability Allowance on 23 November 2007. His claim was refused on 27 February 2008 as it was found the income derived from his spouse's earnings was in excess of the statutory limit for entitlement to a Disability Allowance. He was also advised, of his option to appeal this decision to the Social Welfare Appeals Office.
