Written answers
Monday, 9 September 2024
Department of Employment Affairs and Social Protection
Social Welfare Schemes
John McGuinness (Carlow-Kilkenny, Fianna Fail)
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909.To ask the Minister for Employment Affairs and Social Protection if a carer’s allowance payment will be restored immediately for a person (details supplied).[33924/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's allowance is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.
I can confirm that Carer’s Allowance was in payment to the person concerned from 14 January 2010. Once claims are in payment, my Department periodically reviews them to ensure that there is continued entitlement. A review of the claim of the person concerned commenced on 14 January 2024.
Following this review, the person was notified on 7 March 2024 that they were no longer entitled to the payment from 20 March 2024 as they had failed to respond to information requests of 14 January 2024 & 22 February 2024.
Further information requests issued on the 7 May 2024 & 24 Jul 2024. Following receipt of the requested information on 12 August 2024 and following re-examination of the claim, it was decided that the person concerned had no entitlement to Carer’s Allowance for the period 1 March 2024 to 5 June 2024 as their means exceeded the statutory limit during that period.
However, based on the income and capital disregards for Carer’s Allowance applicable from June 2024, it was established that the person concerned qualified for a weekly rate of Carer’s Allowance of €75.50 from 6 June 2024. Payments have commenced in this regard.
The person concerned was notified of this decision in writing on 16 August 2024. They were also notified of their right to have the decision reviewed (where further information is available) or to appeal the decision to the Social Welfare Appeals Office.
I hope this clarifies the position for the Deputy.
Bernard Durkan (Kildare North, Fine Gael)
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910.To ask the Minister for Employment Affairs and Social Protection if an application for exceptional needs payment for a person (details supplied) can be urgently reviewed; and if she will make a statement on the matter.[33945/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Under the Supplementary Welfare Allowance (SWA) scheme, my Department may make an Additional Needs Payment (ANP) to help assist with funeral and burial expenses where there is an inability to pay these costs, in part or in full, by the family of the deceased person without causing hardship.
According to the most recent records of the Department and with reference to previous Dáil Questions 99, 264, 361, an officer of my Department spoke with the person concerned by phone on 02/07/2024 to advise them what was required from them in order to process their ANP application for assistance with funeral costs in respect of her late parents.
On 04/07/2024, some information was received from the person concerned pertaining to their previous ANP application, however, a number of documents still remained outstanding and a request for further information issued on the same day.
On 08/07/2024, a Community Welfare Officer (CWO) contacted the person concerned again to offer additional support regarding the completion of their claim application. Upon receipt of the information required, the claim was disallowed on the basis that the late parents of the person concerned owned assets from which all outstanding debts, including funeral costs can be paid once a Grant of Probate has been obtained. The person concerned was advised that in the absence of a will and confirmed executor of same, the next of kin should apply for probate to identify and administer the remaining estate. A letter issued to the customer on 18/07/2024 advising them of the outcome of their decision and were afforded the option of seeking a review of the CWO’s decision.
Determinations made in relation to claims made under Sections 200, 201 and 202 of the Social Welfare (Consolidation Act) 2005, namely allowances-in-kind, ENPs and UNPs, can be reviewed by a SWA Reviewing Officer under Section 323 of that Act.
Following your Parliamentary Question, a SWA Reviewing Officer reviewed the claim and considering the circumstances of the case, upheld the original decision made by the CWO, on the basis that the deceased person owned assets from which all outstanding debts, including the funeral costs can be paid once a Grant of Probate, which should be initiated by the next of kin, has been obtained. Correspondence issued to the person concerned on 25/07/2024 advising them of the outcome of the review.
If the person concerned feels that they have been treated unfairly, they have the right of recourse to contact The Office of the Ombudsman, 6 Earlsfort Terrace, Dublin 2, D02 W773, Telephone number: 01-639 5600 / 1890 22 30 30, Email: ombudsman@ombudsman.gov.ie
If the person is experiencing financial difficulties with other essential expenses, it is open to them to make a new application for assistance by completing a SWA1 form. This form is available in all Intreo Centres and can also be requested by calling the National CWS freephone line at 0818 60 70 80 or at: www.eforms.gov.ie/en/forms/5
Alternatively, if the person concerned has a verified MyGovID account they can apply for an ANP at www.MyWelfare.ie.
I trust this clarifies the matter.
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