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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 22 May 2012

Tuesday, 22 May 2012

Ceisteanna (296, 297, 298, 299)

Barry Cowen

Ceist:

386 Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for carer’s allowance. [25278/12]

Amharc ar fhreagra

Freagraí scríofa

The person concerned was refused carers allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. She was notified of this decision, the reasons for it and of her right of review or appeal. Additional medical evidence was received and forwarded to the Department's medical assessor for consideration. However, this information did not alter the opinion of the medical assessor and the decision remained unchanged. She appealed this decision to the Social Welfare Appeals Office and submitted further medical evidence in support of her appeal. This information has been forwarded to the medical assessor for further consideration. If the outcome remains unchanged a submission will be prepared and her file and papers will be forwarded to the Social Welfare Appeals Office for determination.

Barry Cowen

Ceist:

387 Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on review of carer’s allowance. [25281/12]

Amharc ar fhreagra

Following a report from an investigative officer, payment of carers allowance to the person concerned was stopped on the grounds that the person concerned had not shown that she is providing full time care and attention as laid down in scheme guidelines. On 12 July 2011, she was notified accordingly.

She appealed this decision to the Social Welfare Appeals Office. However, an appeals officer, having fully considered all the evidence, disallowed the appeal as she had not established that she is providing full-time care. She was notified of the decision on her appeal on 6 December 2011.

The decision of an appeals officer is final and may only be reviewed in the light of new evidence or new facts not already presented at the time of appeal. She subsequently submitted further information to the appeals officer. The appeals officer reviewed the appeal and decided to uphold his original decision and disallow the appeal. She was notified accordingly on 30 April 2012.

Barry Cowen

Ceist:

388 Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for carer’s allowance. [25282/12]

Amharc ar fhreagra

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 14 January 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. These papers were received in the Social Welfare Appeals Office and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, 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.

Barry Cowen

Ceist:

389 Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an appeal for disability allowance. [25289/12]

Amharc ar fhreagra

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised. 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.

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