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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 11 October 2022

Tuesday, 11 October 2022

Ceisteanna (488)

Cormac Devlin

Ceist:

488. Deputy Cormac Devlin asked the Minister for Social Protection the status of a matter (details supplied); and if she will make a statement on the matter. [49563/22]

Amharc ar fhreagra

Freagraí scríofa

According to the records of my Department, the first person concerned made an appeal to the Social Welfare Appeals Office (SWAO) following a disallowance of his Jobseeker's Allowance (JA) claim.

JA is a means-tested payment made to people who are unemployed and who do not qualify for Jobseeker's Benefit or Jobseeker’s Benefit for the Self-Employed.

During the course of a review of his JA claim the person concerned was asked to provide evidence that his means were less than the weekly rate of JA appropriate to his family circumstances. The person did not provide a full disclosure of his means despite multiple requests made by officials in my Department. The JA claim was subsequently disallowed with effect from 17/08/2022 as the person had not shown that his means were less than the weekly rate of JA appropriate to his family circumstances. A Deciding Officer advised the person of their decision in a letter dated 19/08/2022.

The person concerned subsequently appealed the decision of the Deciding Officer on his JA claim to the SWAO. The SWAO functions independently of my Department and is responsible for determining appeals against decisions in relation to social welfare entitlements. The SWAO has advised that an appeal by the person concerned was registered in that office on 26/09/2022. 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. The Deciding Officer sent a submission to the SWAO on 10/10/2022. The case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

While awaiting a determination from the SWAO, the first person concerned applied for a basic Supplementary Welfare Allowance (SWA). A basic SWA is a weekly means assessed allowance paid to people who do not have enough income to meet their needs and those of their families. It may be awarded where a person is awaiting the outcome of an appeal to disallow a primary scheme payment.

Further information in support of the person’s basic SWA application was sought by an official during a phone conversation with the person on 26/08/2022. When this information was not received a follow up request issued by a letter on 30/09/2022. As this information has not yet been provided the claim cannot be progressed. As soon as the person concerned provides the required information, his application will be finalised and he will be notified of the outcome.

I trust this clarifies the matter.

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