Dáil Éireann Debate, Wednesday - 16 June 2021
168. Deputy Jackie Cahill asked the Minister for Social Protection the reason a person in ownership of a property worth €120,000 other than their home has no means to appeal a decision in relation to the fuel allowance; if she plans to introduce amendments to the relevant legislation and guidelines in order to avoid unfair situations like this arising (details supplied); and if she will make a statement on the matter. [32286/21]
Amharc ar fhreagra169. Deputy Jackie Cahill asked the Minister for Social Protection if a person (details supplied) has means to appeal a decision in relation to the fuel allowance; and if she will make a statement on the matter. [32287/21]
Amharc ar fhreagraI propose to take Questions Nos. 168 and 169 together.
The Fuel Allowance is a payment of €28.00 per week for 28 weeks (a total of €784 each year) from October to April, to over 370,000 low income households, at an estimated cost of €300 million in 2021. The purpose of this payment is to assist these households with their energy costs. The allowance represents a contribution towards the energy costs of a household. It is not intended to meet those costs in full. Only one allowance is paid per household.
The criteria for fuel allowance are framed in order to direct the limited resources available to my Department in as targeted a manner as possible. All recipients of non-contributory payments are accepted as satisfying the means-test for fuel. People who are in receipt of a qualifying contributory payment must also satisfy a means test.
The standard capital means assessment rules for State Pension (Contributory) purposes apply to Fuel Allowance applicants who have capital. An applicant may have capital/savings of up to €57,999 (i.e., equivalent to €100.00 a week under capital means assessment rules) in addition to income of up to the maximum State Pension rate, and still be eligible to receive a Fuel Allowance. If an applicant has a second property (property other than their own home), then rental income from that property is assessed. However, the capital value (less any mortgage outstanding on the property) will be assessed if the property is not rented.
There are no plans at this time to change the fuel allowance means test criteria so that the value of a second property owned by an applicant is disregarded.
With regards to the right of appeal, the fuel allowance scheme is administrative (non-statutory) and therefore decisions on claims cannot be appealed to the Social Welfare Appeals Office. However, if a customer is dissatisfied with a decision not to grant an allowance, s/he may request a review of his/her claim by a different Deciding Officer. It is open to applicants to supply any additional facts of information in support of his/her application. However, if it is the case that they are simply not qualified for payment, a review will not overturn the previous decision. If following this review, the applicant still does not qualify for the allowance it is still open to them to contact the Office of the Ombudsman.
I hope this clarifies the matter for the Deputy.
