Dáil Éireann Debate, Tuesday - 24 April 2012
434 Deputy Denis Naughten asked the Minister for Social Protection when a decision will issue on a review of carer’s allowance in respect of a person (details supplied) in County Roscommon; the reason for the ongoing delay in reviewing this case; and if she will make a statement on the matter. [20366/12]
Amharc ar fhreagraThe person concerned was refused carer's allowance on the grounds that, based upon the medical evidence supplied in support of the application, the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. On 11 January 2011, she was notified of this decision and the reason for it. Additional medical evidence has subsequently been received and has been forwarded to the chief medical assessor for consideration. She will be notified directly of the outcome of the review in due course.
435 Deputy Michael Lowry asked the Minister for Social Protection if the medical aspect of each appeal submitted as a result on medical grounds to the Appeals Office is examined by a fully qualified medical doctor prior to refusals being issued to applicants on medical grounds; if not, the qualifications the decision makers hold; the number of medical officers processing applications in the appeals section from January 2012 to March 2012; the numbers of applications allocated to each officer over this period for determination; and the current number of appeals of awaiting assessment by a medical officer. [20372/12]
Amharc ar fhreagraThe Social Welfare Appeals Office is independently responsible for determining appeals against decisions on social welfare entitlements — including schemes with medical criteria. Appeals Officers are statutorily appointed by the Minister to act as administrative Tribunals and are required to exercise their functions in a quasi-judicial manner. There is no requirement that a person be medically qualified to be so appointed. In this respect Appeals Officers are no different from others adjudicating in judicial and quasi-judicial capacities, including judges of the Courts. In relation to medically based schemes, the Appeals Officer adjudicates on the impact of a person’s illness/disability on his/her capability for work, on whether a person is substantially restricted from taking up full-time employment, on whether a person requires full-time care and attention or, in the case of Domiciliary Care Allowance, whether the child being cared for requires significantly more care than other children of the same age. The fact that the Appeals Officer is not medically qualified does not in any way lessen their competence to make a determination on the basis of all evidence, medical or otherwise, put before them.
