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Tuesday, 9 Jun 2015

Written Answers Nos. 156-175

Domiciliary Care Allowance Applications

Ceisteanna (156)

Caoimhghín Ó Caoláin

Ceist:

156. Deputy Caoimhghín Ó Caoláin asked the Tánaiste and Minister for Social Protection if a domiciliary care application will be granted in respect of a person (details supplied); and if she will make a statement on the matter. [22310/15]

Amharc ar fhreagra

Freagraí scríofa

An application for domiciliary care allowance (DCA) was received from the person concerned on the 28th May 2015. This application has been forwarded to one of the Department’s Medical Assessors for their medical opinion. Following receipt of this opinion, a decision will be made by a Deciding Officer and notified to the person concerned. It can currently take 12 weeks to process an application for DCA.

Carer's Allowance Applications

Ceisteanna (157)

Mary Lou McDonald

Ceist:

157. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Social Protection when a person (details supplied) in Dublin 7 will receive a decision on a claim for a carer's allowance and a domiciliary care allowance. [21236/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person in question on the 30th April 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.

Carer's Allowance Applications

Ceisteanna (158)

Michael Ring

Ceist:

158. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection when a decision will be made on a review of a carer's allowance in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [21248/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person in question on the 22nd December 2014. The person concerned was refused carer’s allowance on the grounds that the medical conditions were not satisfied and that she was working for more than 15 hours per week. The person concerned was notified on the 24th of April 2015 of this decision, the reasons for it and of her right of review and appeal. The person concerned requested a review of this decision and submitted further medical evidence in support of the application. Some additional information in relation to the person’s employment outside the home was required and was requested by the deciding officer. The review is currently being processed and once completed, the person concerned will be notified directly of the outcome.

Carer's Allowance Applications

Ceisteanna (159)

Noel Coonan

Ceist:

159. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an application for a carer's allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [21266/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person in question on the 4th March 2015. The application was awarded on 13th May 2015 and the first payment is due to issue to the post office on 4th June 2015. Any arrears of allowance due (less any overlapping social welfare payment and/or outstanding overpayment) will issue in due course. The person in question was notified on 13th of May 2015 of this decision.

Carer's Allowance Applications

Ceisteanna (160)

Noel Coonan

Ceist:

160. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an application for a carer’s allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [21268/15]

Amharc ar fhreagra

Freagraí scríofa

The application for carer’s allowance in respect of the person concerned was awarded on 24th March 2015 and the first payment was issued to the post office on 26th March 2015. Arrears of allowance due from 13th November 2014 to 18th March 2015 were issued by cheque on the 13th April 2015. The person in question was notified of this decision on the 24th of March 2015.

Carer's Allowance Applications

Ceisteanna (161)

Noel Coonan

Ceist:

161. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an application for a carer’s allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [21270/15]

Amharc ar fhreagra

Freagraí scríofa

I confirm that the department received an application for carer’s allowance from the person in question on the 10th December 2014. The person concerned was refused carer's 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 on the 27th of February 2015 of this decision, the reason for it and of her right of review and appeal.

The person concerned requested a review of this decision and submitted further medical evidence in support of the application. This evidence was reviewed by a deciding officer however the decision remained unchanged. The person in question was notified on the 21st of May 2015 of this decision, the reasons for it and of her right of appeal.

Carer's Allowance Appeals

Ceisteanna (162)

Noel Coonan

Ceist:

162. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an appeal regarding a carer's allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [21271/15]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an oral hearing of the appeal of the person concerned took place on 21st May 2015 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when the appeal has been determined.

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 (163)

Noel Coonan

Ceist:

163. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an appeal regarding a carer's allowance will be finalised in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [21272/15]

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 the oral hearing, decided to disallow the appeal of the person concerned on 24th February 2015.

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. I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the person concerned appeal on foot of this additional evidence. Regrettably the Appeals Officer did not find any new facts or fresh evidence which warranted a revision of his earlier decision. The person concerned has been notified of the Appeals Officer’s decision.

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.

Carer's Allowance Payments

Ceisteanna (164)

Noel Coonan

Ceist:

164. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when a payment and arrears will issue regarding an application for a carer's allowance in respect of a person (details supplied) in County Tipperary; and if she will make a statement on the matter. [21273/15]

Amharc ar fhreagra

Freagraí scríofa

The application for carer’s allowance in respect of the person concerned was awarded on 11th March 2015 and the first payment was issued to the bank on 26th March 2015. Arrears of allowance due from 3rd April 2014 to 25th March 2015 were issued to the bank on the 30th April 2015. The person in question was notified on the 11th March 2015 of this decision.

Carer's Allowance Appeals

Ceisteanna (165)

Noel Coonan

Ceist:

165. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an appeal regarding a carer's allowance will be finalised in respect of a person (details supplied) in County Tipperary. [21274/15]

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, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.

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 Payments

Ceisteanna (166)

Willie O'Dea

Ceist:

166. Deputy Willie O'Dea asked the Tánaiste and Minister for Social Protection when a Department inspector will review payments under the disability allowance in respect of a person (details supplied) in County Limerick who is a spina bifida patient and in financial difficulty pending an increase following the cessation of a maintenance payment from that person's estranged spouse for their now independent adult child, her Department having been notified of same on 1 May 2015. [21278/15]

Amharc ar fhreagra

Freagraí scríofa

In order to determine the circumstances of the person concerned, her file was forwarded to her local Social Welfare Inspector. S/he will arrange to meet with the person in question as soon as possible.

A final decision on her entitlement to disability allowance will be given on receipt of the Social Welfare Inspectors report. The person in question will be notified directly of the outcome.

Invalidity Pension Applications

Ceisteanna (167)

Michael Healy-Rae

Ceist:

167. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the position regarding an application for an invalidity pension for a person (details supplied) in County Kerry; and if she will make a statement on the matter. [21305/15]

Amharc ar fhreagra

Freagraí scríofa

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last complete contribution year before the date of their claim.

The department received a claim for IP for the person concerned on 25 February 2015. The person concerned was ineligible for IP under national legislation on the grounds that the contribution conditions for the scheme were not satisfied. EU Regulations provide that insurance contributions made in any other EU Member State may be aggregated with Irish contributions in order to satisfy the contribution conditions for IP. As the person in question does not have the required 260 paid contributions in Ireland and he stated on the application form that he had previously worked in Poland, a request was sent to the Polish social security authorities on 10 March 2015 requesting his Polish insurance record. This information was requested again on 27 March and 04 June 2015. To date the requested information has not been received from the Polish authorities.

As well as satisfying the contribution criteria, a person must satisfy the medical conditions for the scheme. In order to determine medical eligibility for IP a medical assessment for the person in question is in progress.

Unfortunately, claims processed under EU Regulations are more complex and can take longer to finalise as the department is highly dependent on receiving necessary information from other EU states. The department will continue to endeavour to establish the entitlement of the person in question and he will be notified of the outcome as soon as possible.

In relation to Family Income Supplement (FIS), a claim for the family concerned was originally received and processed in March 2015. It was refused, as the income of the family concerned at that time was in excess of the allowed threshold for the family size. However a new application for FIS was received in May and is being processed. The department will be in touch with the FIS claimant shortly in relation to the outcome of their new FIS claim in light of the changed circumstances.

Disability Allowance Payments

Ceisteanna (168)

Michael Ring

Ceist:

168. Deputy Michael Ring asked the Tánaiste and Minister for Social Protection when a person (details supplied) in County Mayo will receive arrears of payments under the disability allowance, from 21 November 2014 onwards; and if she will make a statement on the matter. [21317/15]

Amharc ar fhreagra

Freagraí scríofa

The person in question was in receipt of another social welfare payment during the same time period that disability allowance has been awarded from. Consequently, the amount of social welfare already paid requires to be calculated and deducted from any arrears of disability allowance. Any residual arrears due will be paid to the person in question shortly.

Social Welfare Overpayments

Ceisteanna (169)

Jack Wall

Ceist:

169. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection the position regarding arrears due to her Department in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [21320/15]

Amharc ar fhreagra

Freagraí scríofa

The customer has an overpayment assessed against her of €2,607.50 in respect of a period on Jobseekers Allowance from 25/08/2011 to 21/02/2012. There is an outstanding balance of €2,594.90 on this debt. The Department is empowered to deduct €28.20 per week in order to recoup this debt. If the customer believes she is unable to pay this amount she should contact her local Intreo centre to discuss the reasons why and suggestions as to how the repayment can be made.

Jobseeker's Allowance Eligibility

Ceisteanna (170)

Mattie McGrath

Ceist:

170. Deputy Mattie McGrath asked the Tánaiste and Minister for Social Protection the reason a person who is not entitled to a payment under the jobseeker's allowance due to spousal income is not entitled to sign on; the reason the person is not acknowledged as a separate human being by her Department; and if she will make a statement on the matter. [21425/15]

Amharc ar fhreagra

Freagraí scríofa

The jobseeker's benefit and jobseeker’s allowance schemes provide income support for people who have lost work and are unable to find alternative full-time employment. The 2015 Estimates for my Department provide for expenditure this year on the jobseekers’ schemes of €3.01 billion.

Jobseeker’s Allowance is a means tested social assistance scheme operated by my Department. The assessment of means for Jobseeker's Allowance includes the assessment of the earnings and assets of a claimant and their spouse/civil partner/cohabitant from both insurable and self-employment. The main provisions relating to the assessment of spouse/civil partner/cohabitant earnings are contained in the Social Welfare (Consolidation) Act, 2005 and in regulations.

Where a spouse/partner/cohabitant has earnings from employment, earnings less PRSI contributions, pension contributions and trade union subscriptions are assessed as means. However a disregard of €20.00 a day also applies to the spouse/civil partner/cohabitant for a maximum of 3 days a week (maximum €60.00 a week) and the balance is assessed at 60%. It is in the nature of means tested schemes that there is no entitlement to a payment once means exceed a given amount and there is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means.

Jobseeker's Benefit (JB) is a social insurance scheme. It is paid weekly to insured persons who are out of work and is based on contributions paid by the claimant. It is not subject to a means test.

A person who does not have an entitlement to either jobseeker’s benefit or allowance may have an entitlement to ‘sign on’ for jobseeker credits. Credited contributions can be awarded in circumstances such as unemployment or illness and their purpose is to help protect the social insurance entitlements of insured persons during periods when they may not be in a position to pay contributions. In order to qualify for credits, a person must first have entered insurable employment.

Where an individual does not have entitlement to jobseeker’s benefit, jobseeker’s allowance or credited contributions, they may be eligible for another contingency based payment or in-work support from my Department such as family income supplement (FIS) or the supplementary welfare allowance (SWA) scheme. SWA is considered the "safety net" within the overall social welfare system and provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependants. The main purpose of the scheme is to provide immediate and flexible assistance for those in need who do not qualify for payment under other State schemes.

Family Income Supplement Data

Ceisteanna (171)

Róisín Shortall

Ceist:

171. Deputy Róisín Shortall asked the Tánaiste and Minister for Social Protection the number of children currently covered by the family income supplement payment. [21426/15]

Amharc ar fhreagra

Freagraí scríofa

At the end of April 2015 there were a total of 50,780 recipients of family income supplement payments, and these payments covered 110,040 children.

Invalidity Pension Eligibility

Ceisteanna (172)

Bernard Durkan

Ceist:

172. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Social Protection the reason a person (details supplied) in County Meath is deemed no longer eligible for invalidity pension, given that the person's circumstances have not changed since she was awarded same in 2012; and if she will make a statement on the matter. [21436/15]

Amharc ar fhreagra

Freagraí scríofa

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

The department is required to carry out periodic reviews to confirm that recipients continue to satisfy the conditions for receipt of the pension.

A review of the continued medical eligibility for IP of the person concerned is underway. To this end, the person in question has been asked if she wishes to submit further evidence to be taken into account before a decision is made. On receipt of the requested information her case will be reviewed and she will be informed of the outcome and/or of any further actions the department intends to take. It is important to note that no decision as to her continued eligibility has yet been made and that payment of IP will continue during this review process.

Disability Allowance Applications

Ceisteanna (173)

Michael Creed

Ceist:

173. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection the position regarding a claim for disability allowance in respect of a person (details supplied) in County Cork; if a review of this decision has been sought in view of the fact that additional medical evidence has been submitted; and if she will make a statement on the matter. [21439/15]

Amharc ar fhreagra

Freagraí scríofa

The application, based upon the evidence submitted, was refused on medical grounds and the person in question was notified in writing of this decision on 24 April 2015.

Further medical evidence was received in this case on 2 June 2015 and is currently being reviewed. The person concerned can expect a decision on the review of his disability allowance application shortly.

Invalidity Pension Appeals

Ceisteanna (174)

Michael Creed

Ceist:

174. Deputy Michael Creed asked the Tánaiste and Minister for Social Protection the position regarding a claim for invalidity pension in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [21440/15]

Amharc ar fhreagra

Freagraí scríofa

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

The department received a claim for IP for the person concerned on 14 January 2015. The person concerned was refused IP on the grounds that the medical conditions for the scheme were not satisfied. She was notified on 01 May 2015 of this decision, the reasons for it and of her right of review or appeal.

The person concerned has appealed the decision and the letter of appeal and associated documents were forwarded by the department to the independent Social Welfare Appeals Office (SWAO) on 25 May 2015. The SWAO will be in touch with the person in question in due course in relation to the progress of her appeal.

Social Welfare Application Forms

Ceisteanna (175)

David Stanton

Ceist:

175. Deputy David Stanton asked the Tánaiste and Minister for Social Protection if she is aware of the difficulties being encountered by teachers working on a casual basis in a number of schools in getting social welfare forms regarding hours worked completed; if she will allow primary school teachers, in particular, to self-assess; and if she will make a statement on the matter. [21446/15]

Amharc ar fhreagra

Freagraí scríofa

Where a person is engaged in casual or part-time employment, the days worked each week can vary, as can the employer. Accordingly, to ensure that the correct weekly payment issues, customers are required to complete a form on a weekly basis setting out the days on which they worked and the days on which they were unemployed and to have this form verified by their employer. This is normally a very quick process with the submitted dockets scanned onto the Department’s computer system and the relevant payment calculated and issued.

I recognise these arrangements can cause difficulties in a small number of cases and not just for primary school teachers. In such circumstances, customers experiencing difficulties should contact their local Intreo centre where alternative arrangements, such as the acceptance of a signature from a nominated local person, can be discussed.

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