The person concerned applied for Carer's Benefit on 22 November, 2006 in respect of one care recipient. She was awarded Carer's Benefit in respect of him from 1 June, 2006 to 28 May, 2008. Her first payment of Carer's Benefit was credited to her bank account on 14 December, 2006, and an arrears payment was also credited to her bank account on this date which paid her Carer's Benefit for the period 1 June, 2006 to 13 December, 2006 and included a payment for Respite Care Grant of Eur 1,200.00. The award letter that issued to her on 6 December, 2006 informed her that payment included a Respite Care Grant of Eur 1,200.00. She had also applied for the Respite Care Grant in respect of this care recipient to the Respite Care Grant Section on 31 August, 2006 and this was paid on 25 October, 2006.
A natural justice letter issued to her on 22 February, 2008 informing her that she received two Respite Care Grants in respect of this care recipient in 2006, this letter also afforded her the opportunity to furnish within 21 days of the date of that letter, any statement or evidence she wished to make available to the Deciding Officer in the matter. No reply was received to this letter. Therefore, having regard to Section 302 (b) of the Social Welfare (Consolidation) Act 2005, a deciding officer found that the person concerned was not entitled to the Respite Care Grant which she received from Carer's Benefit Section in 2006. Accordingly she was overpaid by Eur 1,200.00 and this sum is recoverable by the Department.
She was notified of this decision and of her right of appeal to the Independent Social Welfare Appeals Office on 22 April, 2009. An appeal has now been opened by the Social Welfare Appeals Office who will contact her in due course. 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.