Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 24 April 2012

Tuesday, 24 April 2012

Ceisteanna (350, 351, 352)

Simon Harris

Ceist:

442 Deputy Simon Harris asked the Minister for Social Protection the position regarding an appeal against a decision to refuse a domiciliary care allowance application in respect of a person (details supplied); when the person may expect to hear the outcome of their appeal; and if she will make a statement on the matter. [20454/12]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance (DCA) was received on 16 November 2011. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for DCA. A letter issued on 2 February 2012 refusing the allowance. The person concerned subsequently lodged an appeal against this decision.

As part of the appeal process, the case has been forwarded to another of the Department's Medical Assessors for further consideration, including a review of any new information supplied. Upon receipt of the Medical Assessor's opinion, the case will be further examined and will be forwarded for consideration by the Appeals Office, if necessary.

Simon Harris

Ceist:

443 Deputy Simon Harris asked the Minister for Social Protection the position regarding an appeal against the decision to refuse invalidity pension payments in respect of a person (details supplied) in County Wicklow; when the person may expect to receive a response to their appeal; and if she will make a statement on the matter. [20466/12]

Amharc ar fhreagra

The Social Welfare Appeals Office (SWAO) has advised me that the appellant was in receipt of illness benefit up to 15 December 2012 when her entitlement expired. She then applied for invalidity pension and this claim was disallowed from 21 December 2012 and this disallowance carried a right of appeal.

An appeal was received in the SWAO on 23 February 2012 which referred to her illness benefit claim, against which there is no statutory right of appeal. On this basis the appellant was informed on 26 March 2012 that there was no statutory right of appeal.

On receipt of this question, however, the SWAO checked with the Department and confirmed that the appellant has been disallowed Invalidity Pension and have accepted the letter which referred to illness benefit as an appeal against a disallowance of her claim to invalidity pension.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration as to whether the case may be dealt with summarily based on the available documentary evidence or whether to hold an oral hearing.

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

Michael McGrath

Ceist:

444 Deputy Michael McGrath asked the Minister for Social Protection the position regarding an invalidity pension appeal in respect of a person (details supplied) in County Cork. [20471/12]

Amharc ar fhreagra

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 20 March 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.

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

Barr
Roinn