Written Answers Nos. 115 - 122
115. Deputy Michael Creed asked the Minister for Social Protection the reason for the delay in issuing a decision on an invalidity pension appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [3489/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 8th January 2013, 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.
116. Deputy Jack Wall asked the Minister for Social Protection the position regarding a carer's allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3506/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th November 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 in 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.
117. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason payment for invalidity pension is under review in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3512/13]
Amharc ar fhreagraInvalidity pension is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the contribution conditions.
This department received a claim for invalidity pension for the person concerned on 24 May 2011. The medical evidence provided by the claimant in support of her claim was examined by a medical assessor who was of the opinion that the person concerned was not eligible for invalidity pension as she did not satisfy the medical criteria. The application for invalidity pension was, accordingly, disallowed by a deciding officer on 11 January 2012. The applicant was notified of this decision and of her right to request a review of the decision and also of her right to lodge an appeal with the social welfare appeals office.
The person’s entitlement to invalidity pension was reviewed by a deciding officer and she was awarded an invalidity pension on 10 December 2012 payable from 26 May 2011. Her first payment went to her nominated bank account on 10 January 2013 and arrears due amounting to €10,838.83 for the period 26 May 2011 to 9 January 2013 will be in her bank account on 31 January 2013.
As it is the opinion of a medical assessor of the department, based on the medical evidence provided by the person concerned, that the claimant’s condition may improve, her claim has been sent for a routine medical review.
Invalidity recipients are routinely reviewed to confirm continuing eligibility.
119. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress made to date in the determination of an appeal in respect of an application for domiciliary care allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3537/13]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 9th January 2013, 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.
120. Deputy Michelle Mulherin asked the Minister for Social Protection the position regarding an appeal against refusal of disability allowance in respect of a person (details supplied) in County Mayo; if same will be expedited; and if she will make a statement on the matter. [3538/13]
Amharc ar fhreagraThe person concerned applied for disability allowance on 13 July 2011.
Medical evidence supplied with his claim was referred to one of the department’s medical assessors who was of the opinion, based on the information supplied, that he was not medically suitable for disability allowance. The deciding officer accepted this opinion and refused the claim and the person was notified in writing of this decision on 27 October 2011.
The person subsequently appealed this decision to the Social Welfare Appeal Office. Following an oral hearing the appeals officer decided that the person was not medically suitable for disability allowance and the appeal was disallowed. The person was notified in writing of this decision on 31 July 2012.
An appeals officer’s decision is final and conclusive in the absence of any fresh facts or evidence.
121. Deputy Bernard J. Durkan asked the Minister for Social Protection the old age pension/retirement pension entitlements on foot of Irish and UK contributions in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3539/13]
Amharc ar fhreagraIn order to qualify for a State pension (transition), an applicant must:
- have entered insurable employment before reaching age 55
- have at least 520 paid contribution weeks since entry into insurance
- satisfy the ‘yearly average’ test:
(for a maximum rate pension) have a yearly average of 48 paid and/or
credited contributions from 1979 to the end of the last complete tax year preceding
their 65th birthday, or
- have a yearly average of at least 24 paid and/or credited contributions recorded from 1953 or from their date of entry into insurable employment
(whichever is the later) to the end of the tax year preceding their 65th birthday (an average of 48 or more is required for a maximum rate pension).
According to the records of the Department, the person concerned has a total of 371 full-rate Irish contributions, which is less than the minimum requirement of 520. His application for State pension (transition) was disallowed accordingly. A notification of this decision issued to the person concerned on 25th October 2012.
The entitlement of the person concerned to a pro-rata State pension (transition) under EU regulations is now being examined. His UK social insurance record has been requested from the UK Pension Service. When this is received, his pension application will be re-examined and he will be notified of the outcome without delay.
122. Deputy Bernard J. Durkan asked the Minister for Social Protection the entitlement to rent supplement in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [3540/13]
Amharc ar fhreagraThere is no record of a rent supplement application registered with the Department for the person concerned. If the person concerned wishes to apply for a rent supplement, he should complete an application form and return it to the Kildare Rents Unit, PO Box 11758, Dublin 24.
