Dáil Éireann Debate, Tuesday - 12 June 2012
353 Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding an appeal application for disablement benefit in respect of a person (details supplied); and if she will make a statement on the matter. [28207/12]
Amharc ar fhreagra358 Deputy Paschal Donohoe asked the Minister for Social Protection the position regarding an appeal for disablement benefit in respect of a person (details supplied); and if she will make a statement on the matter. [28229/12]
Amharc ar fhreagraI propose to take Questions Nos. 353 and 358 together.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned.
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 his 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.
354 Deputy Bernard J. Durkan asked the Minister for Social Protection the way it occurred that an alleged overpayment was made in the case of a person (details supplied) in County Kildare, the way they are expected to pay €75.00 per week; and if she will make a statement on the matter. [28217/12]
Amharc ar fhreagraFollowing a review in 2009 of the person's disability allowance claim it was found that the person had failed to notify the Department of her spouse's earnings from employment. When this income was assessed it was decided that the person was entitled to a reduced rate of disability allowance for the period 7 January 2009 to 28 April 2009. This reduction in entitlement resulted in an overpayment. The person was notified in writing of this decision and separate letters were sent to her regarding the recovery of the overpayment.
The person is no longer in receipt of disability allowance as her means exceed the statutory limit for receipt of that payment.
The Department is required to take all appropriate steps in order to recover the debt which is owed. The weekly repayment amount of €75 was proposed by the Department as the person was considered to be in a position to service the debt at this rate based on the information available to the department regarding her means. The person was also advised that if the information available to the Department did not accurately reflect her current position she should contact the Department to discuss the options available to her. The person has made no contact with the Department despite three letters sent to her. It is open to the person to contact the Department to discuss the options in relation to the recovery of the overpayment.
