Dáil Éireann Debate, Tuesday - 27 January 2009
960 Deputy Michael Ring asked the Minister for Social and Family Affairs when a carers allowance appeal will be finalised for a person (details supplied) in County Mayo in respect of the full-time care he or she provides to his or her parents and in view of the fact that additional medical evidence has been submitted to the appeals office. [1501/09]
Amharc ar fhreagraAn application for carer's allowance by the person concerned was disallowed by a Deciding Officer of the Department on the grounds that the people being cared for were not so invalided as to require full-time care and attention. She submitted additional medical evidence to the Chief Medical Adviser on 15 August 2008, who expressed the opinion that this evidence did not affect the previous findings of the Medical Assessor.
An appeal was opened on 18 September 2008 and I am advised by the Social Welfare Appeals Office that further medical evidence was submitted on 7 October 2008 which, again, was referred to the Chief Medical Adviser on 7 October 2008 who confirmed his original findings. The case has now been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
961 Deputy Michael Ring asked the Minister for Social and Family Affairs when a jobseeker’s allowance appeal will be finalised for a person (details supplied) in County Mayo, particularly as this appeal was opened several months ago. [1502/09]
Amharc ar fhreagraThe person concerned is currently in receipt of jobseeker's allowance at the maximum weekly rate of €204.30. Following an appeal, his case was reviewed by a Deciding Officer and his weekly means of €883.00 from self-employment were revised to nil from 24 June 2008. Further means derived from earnings from insurable employment were revised from €47.00 to nil from 25 August 2008. Both decisions were issued on 25 November 2008. No arrears were due to the person concerned as he had been in receipt of Supplementary Welfare Allowance during the periods in question.
Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
962 Deputy Michael Ring asked the Minister for Social and Family Affairs when an appeal was lodged for a person (details supplied) in County Mayo; when this application was processed; and the reason it took four months for a decision to be reached on this. [1503/09]
Amharc ar fhreagra963 Deputy Michael Ring asked the Minister for Social and Family Affairs if an oral hearing will be held for a person (details supplied) in County Mayo in view of the amount of time an appeal took to be processed. [1504/09]
Amharc ar fhreagraI propose to take Questions Nos. 962 and 963 together.
The claim for jobseekers allowance, by the person concerned, was refused by a Deciding Officer of the Department on the grounds that she was not available for or seeking full-time employment. An appeal was opened on 8 September 2008 and I am advised by the Social Welfare Appeals Office, that in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officers comments on the grounds of appeal.
The relevant documentation was received 21 October 2008 and the case was considered by an Appeals Officer on 9 December 2008 who made a summary decision disallowing the appeal. Summary decisions may be made where the Appeals Officer is of the opinion that the case is of such a nature that it can be properly determined on the basis of documentary evidence and without oral hearing. The Appeals Officer does not intend to open this appeal by way of an oral hearing. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
