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Thursday, 6 Mar 2014

Written Answers Nos. 107-119

Invalidity Pension Appeals

Ceisteanna (107)

Barry Cowen

Ceist:

107. 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 an invalidity pension. [11271/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all of the available evidence, including that adduced at oral hearing, decided to disallow 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.

Additional evidence has been submitted and the file has been referred back to the Appeals Officer dealing with this case for a review his decision. 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 in relation to social welfare entitlements.

Domiciliary Care Allowance Applications

Ceisteanna (108)

Barry Cowen

Ceist:

108. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on a review of the domiciliary care allowance. [11274/14]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance was received from the person concerned on the 7th May 2013. The application was considered by a deciding officer with the benefit of the opinion of one of the Department’s medical assessors. A letter issue to the applicant advising of the decision to disallow DCA, as it was not considered that the child met the medical criteria, issued on the 2nd July 2013.

The person concerned requested a review of the decision and provided additional information on the child’s condition. The case was further considered by another medical assessor, who considered based on the evidence provided that the child met the medical eligibility for the allowance. A revised decision allowing the application was made by the deciding officer and the person concerned was notified of this decision on the 29th November 2013.

Domiciliary Care Allowance Appeals

Ceisteanna (109)

Barry Cowen

Ceist:

109. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Westmeath may expect a decision on an appeal for domiciliary care allowance. [11280/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all of the available evidence decided to disallow 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.

Additional evidence has been submitted and the file has been referred back to the Appeals Officer dealing with this case for a review her decision. 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 in relation to social welfare entitlements.

Domiciliary Care Allowance Applications

Ceisteanna (110)

Barry Cowen

Ceist:

110. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on their review of domiciliary care allowance. [11282/14]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance was received from the person concerned on the 23rd August 2013. The application was not allowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 24th September 2013 advising of the decision.

The person concerned subsequently requested a review of the decision. The application was reviewed by another Medical Assessor on the 6th February 2014, who having examined all the information supplied, advised that in their opinion the child was not medically eligible for the allowance. Having reviewed the application, the deciding officer considered that a revision of the original decision was not warranted and confirmed this in writing on the 11th February 2014. The applicant was also advised of her right to appeal the decision to the Social Welfare Appeals Office.

Carer's Allowance Appeals

Ceisteanna (111)

Barry Cowen

Ceist:

111. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [11287/14]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on the 1st October 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on the 25th February 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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 in relation to social welfare entitlements.

Domiciliary Care Allowance Appeals

Ceisteanna (112)

Barry Cowen

Ceist:

112. Deputy Barry Cowen asked the Minister for Social Protection when a person (details supplied) in County Offaly may expect a decision on an application for domiciliary care allowance. [11288/14]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance was received from the person concerned on 26th September 2013. The application was disallowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 27th November 2013 advising of the decision.

The person concerned has requested a review of this decision and supplied additional information on her child’s condition/care needs. She will be notified of the outcome of this review as soon as it is completed.

An appeal against the decision has also been submitted to the Social Welfare Appeals Office. The application file will be passed, if necessary, on completion of the review to the Social Welfare Appeals Office for their consideration.

Questions Nos. 113 and 114 withdrawn.

Carer's Allowance Appeals

Ceisteanna (115)

Barry Cowen

Ceist:

115. 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. [11293/14]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received applications for carer’s allowance from the person in question for two care recipients in 2012. The person in question was granted carer’s allowance for one care recipient but not the second, who failed to meet the qualifying medical criteria. The person concerned appealed this decision and the case was submitted to the Social Welfare Appeals office for determination. An Appeals Officer, having fully considered all of the available evidence, disallowed the appeal of the person concerned. The person concerned was notified of the Appeals Officer’s decision on 17th December 2013 and was provided at that time with a detailed explanation of the basis for the Appeals Officer’s decision to disallow the appeal. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.

Carer's Allowance Appeals

Ceisteanna (116)

Barry Cowen

Ceist:

116. 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. [11294/14]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person in question on the 2nd of September 2013. 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, and that she was not providing full time care and attention as required. The person in question was notified of this decision, the reasons for it and of her right of review or appeal on the 23rd of October 2013. The person concerned appealed this decision to the Social Welfare Appeals Office and submitted further medical evidence in support of the appeal. This information has been forwarded to the medical assessor for further consideration, and the file is currently being prepared for submission to the Social Welfare Appeals Office. The Social Welfare Appeals Office will be in touch with the person directly regarding the progress of the appeal.

Family Income Supplement Appeals

Ceisteanna (117)

Barry Cowen

Ceist:

117. 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 family income supplement. [11296/14]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that, in the case of the person concerned, as it appeared that the reason for the Deciding Officer’s decision to disallow family income supplement may not have been fully understood, the letter of appeal was referred to the Department requesting that the reason for the decision be clarified to the appellant.

I understand that a letter clarifying the decision issued from the Family Income Supplement Section on the 19th February 2014 and that in the course of this letter the person concerned was asked to provide payslips in support of their case. When these payslips are received, the Deciding Officer’s decision will be reviewed. If, following that review, the person concerned is still not satisfied with the Department’s decision, they should confirm this in writing to the Social Welfare Appeals Office stating clearly their complete and up to date grounds of appeal.

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 in relation to social welfare entitlements.

Carer's Allowance Appeals

Ceisteanna (118)

Barry Cowen

Ceist:

118. 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. [11297/14]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10th October 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 5th February 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on 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 in relation to social welfare entitlements.

Disability Allowance Appeals

Ceisteanna (119)

Barry Cowen

Ceist:

119. 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. [11298/14]

Amharc ar fhreagra

Freagraí scríofa

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 27th February 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these have been received from the Department, the case in question 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 appeal 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 in relation to social welfare entitlements.

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