Dáil Éireann Debate, Thursday - 8 September 2022
1156. Deputy Bernard J. Durkan asked the Minister for Social Protection if an oral hearing can be facilitated in the case of a person (details supplied); and if she will make a statement on the matter. [43646/22]
Amharc ar fhreagraThe 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.
An application for Carer's Allowance by the person in question was disallowed by a Deciding Officer of the Department on 7 February 2019. I am informed by the Social Welfare Appeals Office that an appeal of the decision was received in that Office on 21 March 2022.
An appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Appeals received outside of this time limit may only be accepted at the discretion of the Chief Appeals Officer, taking into account the circumstances of the case.
An email reply issued to the Deputy on 23 March 2022 confirming that a late appeal would not be accepted. The Deputy was advised that if there were good reasons that explain why the appeal was late, the person concerned could provide those reasons for consideration, and also that she could request a review from the Department of the Deciding Officer's decision at any stage.
I am advised by the Social Welfare Appeals Office that further correspondence was received from the person concerned. However, having considered the circumstances of the case and in view of the fact that three years had elapsed since the Department's decision of 7 February 2019 to the date the appeal was requested, the person concerned was advised by letter of 14 July 2022 that an appeal could not be accepted.
If there has been any change in circumstances it is open to the person concerned to reapply for Carer's Allowance.
The supplementary welfare allowance (SWA) scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependants. Under the scheme, a supplement can be awarded to assist with ongoing or recurring costs that cannot be met from the client’s own resources and are deemed to be necessary. In addition, officers can make a single exceptional needs payment to help meet essential, once-off expenditure which a person could not reasonably be expected to meet out of their weekly income. Decisions on ENPs and SWA supplements are made at the discretion of the officers administering the scheme taking into account the requirements of the legislation and all the relevant circumstances of the case.
I trust this clarifies the matter for the Deputy.
