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Social Welfare Appeals

Dáil Éireann Debate, Wednesday - 19 May 2010

Wednesday, 19 May 2010

Ceisteanna (168, 169)

Willie O'Dea

Ceist:

198 Deputy Willie O’Dea asked the Minister for Social Protection when an application for carer’s allowance in respect of a person (details supplied) in County Limerick will be decided on; and if he will make a statement on the matter. [20992/10]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Billy Timmins

Ceist:

199 Deputy Billy Timmins asked the Minister for Social Protection the position regarding the case of a person (details supplied) in County Carlow; and if he will make a statement on the matter. [21058/10]

Amharc ar fhreagra

Spouses who operate in a commercial partnership may be retrospectively brought into the social insurance system, subject to meeting certain criteria.

Having considered all the available information in this case (details supplied), including the Social Welfare Investigator's report, the Deciding Officer decided that a commercial partnership did not exist — i.e. the person was not in a commercial partnership with her husband in the running of the family farm and that, therefore, her employment was not insurable. The Deciding Officer also decided that any income that the person derived from the leasing of land owned in her own name is subject to PRSI at the Class S rate, up to 2002 (when the person reached 66 years of age) provided that the income equals or is in excess of £2,500 (€3,174) per annum. An appeal was submitted and an oral hearing was heard on 24 March 2010. The Appeals Officer upheld the Deciding Officer's decision.

To date, evidence of rental income declared to Revenue has not been provided for contributions to be awarded. Entitlement to State Pension Contributory cannot therefore be assessed at this time.

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