Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

246. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for job seekers allowance in the case of a person (details supplied); and if she will make a statement on the matter. [43839/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned made an application for Jobseekers Allowance on 11/10/2024.

The Deciding Officer (DO) sought, but was unable, to contact the person concerned by phone on 11/10/24 in relation to additional information required to progress the JA application. As the DO failed to speak with the person concerned the required information was then requested by post.

There has been no contact from the customer concerned and requested documents are still outstanding.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

247. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of a review in the case of a person (details supplied); and if she will make a statement on the matter. [43840/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned was a qualified adult on their spouse's State Pension (contributory) since 28 December 2009.

An increase for qualified adult (IQA) allowance is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of up to €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. Where property or assets are held jointly, the qualified adult's means are assessed as half of the total amount. The family home is not included in the means assessment.

As part of my Department’s commitment to ensuring that claimants are receiving their full and correct entitlements, ongoing reviews of all means tested payments are carried out. In the case of an IQA allowance on State Pension (contributory), the primary claimant is contacted by my Department to notify them that their continuing entitlement to the means tested IQA payment is being examined. A questionnaire is required to be completed to include details of the means of their qualified adult.

In this case, a questionnaire issued to the spouse of the person concerned on 11 July 2024. A reminder issued on 1 August 2024. As a response was not received, a further letter issued on 26 August 2024 advising that the allowance was being suspended.

Following your representations, a further copy of the questionnaire issued along with an application for state pension (contributory) on 23 September 2024. To date, no response has been received. The allowance will remain suspended until a response is received. If no response is received the allowance will be stopped.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

248. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for jobseeker's transitional payment in the case of a person (details supplied); and if she will make a statement on the matter. [43842/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned submitted an application for Jobseekers Transition payment on 20 September.

As part of the application process a number of documents to support this application were requested. Some of these documents were supplied but there is still an outstanding item in relation to possible self-employment.

In order to assist with the timely processing of this application the case has now been referred to a local Social Welfare Inspector.

Once the Inspector completes their investigations a decision will issue.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

249. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of an application for domiciliary care allowance payment in the case of a person (details supplied); and if she will make a statement on the matter. [43843/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Domiciliary Care Allowance (DCA) is payable to a parent / guardian in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months.

An application for DCA in respect of their child was received from the person concerned on 20 September 2024.

As part of the decision process, their application is currently awaiting the opinion of a Departmental Medical Assessor (MA).

On receipt of the MA opinion, a decision will be made by a Deciding Officer and the person concerned will be notified directly of the decision on their application.

DCA claims are currently taking an average of 6 weeks to process from date of receipt of application.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

250. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of a review of refusal for carer's allowance in the case of a person (details supplied); and if she will make a statement on the matter. [43845/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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.

An application for Carer's Allowance was received from the person concerned on 31 October 2023.

As part of the decision process, the application was referred for the professional opinion of a Department Medical Assessor. The claim was disallowed as the Deciding Officer, having regard to the opinion of the Medical Assessor, decided that the information supplied did not show what the care recipient required full time care.

The person concerned was notified of this decision in writing on 29 November 2023. 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.

The person concerned requested a review of the decision on 11 December 2023.

The Deciding Officer reviewed all the evidence of the case and found that, although a certain level of care was provided, the evidence submitted did not satisfy the full-time care and attention requirement as defined in the legislation for the care recipient. Therefore, the application for Carer's Allowance was disallowed and the decision remained unchanged.

The person concerned was notified of this decision in writing on 27 January 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.

To date the department has received no further correspondence from the person concerned.

It is open to the person concerned to re-apply for Carer's Allowance by completing a CR1 application form. For the convenience of the person concerned, an application form has been forwarded by post to their home address.

I hope this clarifies the position for the Deputy.

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.

An application for Carer's Allowance was received from the person concerned on 31 October 2023.

As part of the decision process, the application was referred for the professional opinion of a Department Medical Assessor. The claim was disallowed as the Deciding Officer, having regard of the Medical Assessor, decided that the information supplied did not show what the care recipient required full time care.

The person concerned was notified of this decision in writing on 29 November 2023. 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.

The person concerned requested a review of the decision in a letter received on 11 December 2023.

The Deciding Officer reviewed all the evidence of the case and found that, although a certain level of care was provided, the evidence submitted did not satisfy the full -time care and attention requirement as defined in the legislation for the care recipient. Therefore, the application for Carer's Allowance was disallowed and the decision remained unchanged.

The person concerned was notified of this decision in writing on 27 January 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.

To date the department has received no further correspondence from the person concerned.

It is open to the person concerned to reapply for Carer's Allowance by completing a new CR1 application form. For their convenience an application form has been forwarded by post to the address of the person concerned.

The person will need to complete all the relevant sections and return the completed form to the following address at their earliest convenience:

Carer's Allowance Section, Ballinalee Road, Longford, Co Longford, N39 E4E0.

In considering applications for Carer's Allowance, evidence must be provided in respect of the care recipient’s medical condition, the care needs of the care recipient and the provision of care conditions by the carer, the carer's means and habitual residency conditionality. Decisions on eligibility and entitlement can only be established following the receipt of a completed application form.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

251. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of eligibility for disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [43849/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Disability allowance (DA) is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least on year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

A completed application form for DA must be submitted to the Department in order to have eligibility checked and a formal decision made on entitlement. To date no application for DA has been received. An application form has been posted to the person concerned.

In the meantime, the person concerned can apply to the Community Welfare Officer for the means tested Supplementary Welfare Allowance (SWA) if they are in need of financial assistance.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

252. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of a review for guardian's payment in the case of a person (details supplied); and if she will make a statement on the matter. [43850/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

A Guardians payment is made to a person caring for a child who satisfies the definition of an "orphan" under social welfare legislation. A child is considered an orphan if they are under 18 (or under 22 if in full time education) and both parents are deceased; or one parent is either dead or unknown or has abandoned and failed to provide for the child and the other parent is unknown or has abandoned and failed to provide for the child.

It was decided on the 14th August 2024 that the person concerned was not entitled to a guardians payment in respect of her grandchild. The care arrangements in place are not considered to constitute parental abandonment on the part of her grandchild, and as such the child cannot be considered an orphan in accordance with the provisions governing the scheme. The Deciding Officer has carried out a review of the decision and the outcome remains the same. A letter to that effect has issued to the person concerned.

As the person concerned has appealed the decision of the Deciding Officer, her claim and notice of appeal, has been referred to the Independent Chief Appeals Officer for consideration. The Chief Appeals Officer operate independently of my Department. The Independent Chief Appeals Officer will contact the person concerned directly regarding the outcome of her appeal.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

253. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of a review for domiciliary care allowance in the case of a person (details supplied); and if she will make a statement on the matter. [43851/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially over and above the level of care and attention normally required by a child of a similar age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. This level of care and attention must be required to allow the child deal with the activities of daily living in areas such as mobility, personal care, feeding / diet, communication, speech / language, sleeping, behaviour, safety, sensory issues, and any other additional needs.

Eligibility for DCA is not based entirely on the child's disability but primarily on the impact of the disability / diagnosis, in terms of the associated level of care and attention required by the child, compared to the age appropriate level. For the purpose of DCA, it must be established in the decision and assessment process that the level of ongoing care and attention required by the child meets the threshold outlined in legislation, that is continual or continuous care and attention substantially in excess of that normally required by a child of a similar age, who does not have such a disability / diagnosis and likely to be required for at least 12 consecutive months.

I can confirm that a new application for DCA in respect of their child was received by my Department from the person concerned on 16 July 2024. A Deciding Officer disallowed their claim as per decision dated 16 August 2024. Based on the information provided, the child was not considered to satisfy the conditions for DCA. This determination considered the supporting documentary (medical) evidence that was submitted by the person concerned in their application. The Deciding Officer also had regard to the professional opinion of a departmental Medical Assessor (MA) in making their decision, and a copy of that MA opinion was issued to the applicant for their information.

On foot of your previous request for a review of eligibility for DCA in this case, a review of the claimant's application and my Department's decision of 16 August 2024 has been undertaken by a Deciding Officer who has decided not to revise the original decision, as per review decision letter dated 22 October 2024 which has issued by post to the person concerned.

A request for an appeal was registered by the Social Welfare Appeals Office (SWAO) on the 9 September 2024.

The claimant's DCA file has been forwarded to the Social Welfare Appeals Office (SWAO) for a decision of an Appeals Officer.

I hope this clarifies the position for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

254. To ask the Minister for Employment Affairs and Social Protection if and when disability allowance might be payable in the case of a person (details supplied); and if she will make a statement on the matter. [43853/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions.

I confirm that my Department received an application for DA from the person concerned on 09 January 2024.

Based on the evidence supplied, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified of the decision in writing on 02 February 2024 and advised of their entitlement to request a review or to appeal the decision to the Social Welfare Appeals Office.

The person concerned supplied further information on 20 March 2024. Based on the additional evidence supplied, their application for DA was disallowed on the grounds that the medical qualifying condition was still not satisfied. The person concerned was notified in writing of this decision on 26 March 2024, and they were given the right to a review or an appeal.

The person concerned supplied further information on 08 October 2024. Based on the additional evidence supplied, their application for DA remained disallowed on the grounds that the medical qualifying condition was not satisfied. The person concerned was notified in writing of this decision on 18 October 2024, and they were given the right to a review or an appeal.

No request for review or appeal has been received since this date. If the person concerned wishes to submit further medical evidence, my department will undertake a review of this and will revert to them with a decision.

The person concerned is currently in receipt of Supplementary Welfare Allowance.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

255. To ask the Minister for Employment Affairs and Social Protection if an application for fuel allowance can be reconsidered in the case of a person (details supplied); and if she will make a statement on the matter. [43854/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Fuel Allowance is an administrative scheme and is payable to people who satisfy the conditions of the scheme and who either live alone or only with certain qualified people.

An application for Fuel Allowance was received from the person concerned on 29 September 2024. Based on the information provided to the Department, this person does not qualify for the allowance as they are not living alone at their address. The household consists of another individual who is not on qualifying payment for receipt of Fuel Allowance

The person concerned was notified of this decision in writing on 21 October 2024.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

256. To ask the Minister for Employment Affairs and Social Protection the progress to date in determination of review for carer’s allowance in the case of a person (details supplied); and if she will make a statement on the matter. [43855/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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 03 August 2017. 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 28 May 2024.

Following this review, the person concerned was notified in writing on 09 July 2024 that they were no longer entitled to the payment as their means exceeded the statutory limit. 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.

Following receipt of further information on 25 July 2024 and following re-examination of the claim, it was decided that the person concerned qualified for a weekly rate of Carer's Allowance of €15.50 from 01 August 2024. Payments commenced at this rate from this date. The person concerned was notified of this decision in writing on 07 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)
Link to this: Individually | In context | Oireachtas source

257. To ask the Minister for Employment Affairs and Social Protection if a jobseeker's allowance payment has been reinstated in the case of a person (details supplied); and if she will make a statement on the matter. [43856/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Person concerned reapplied for Jobseekers Allowance (JA) on 15/07/2024. This application was disallowed on the grounds that the person concerned was not available for full time work and a disallowance letter issued on 31/07/2024.

This decision was appealed by the person concerned. Having reviewed the facts and contentions advanced a reviewing officer found no new reason to revise the original decision and the appeal has now been submitted to the Social Welfare Appeals Office for decision.

The person concerned is currently in receipt of a Basic Supplementary Allowance payment and has also applied for Disability Allowance.

Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

258. To ask the Minister for Employment Affairs and Social Protection if a further review of entitlements might be undertaken in the case of a person (details supplied); and if she will make a statement on the matter. [43857/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The person concerned reached pension age on 21 May 2023. A state pension (contributory) application was received from them on 22 February 2023.

A decision letter issued on 20 April 2023 to advise the person concerned that their application was disallowed as they did not satisfy the requirements. The records of my Department show the person concerned has 347 paid contributions which is less than the 520 paid contributions needed to qualify for State Pension (contributory).

The records of my Department show that Homemaking periods and HomeCaring periods have been awarded to the person concerned. However, these can not be used to satisfy the requirement for 520 paid contributions and are only reckonable for pension when the minimum number of paid contributions has been satisfied. The person concerned has also been awarded Long Term Carers Contributions. However, as the periods awarded are less than 1,040 weeks, these are not reckonable for pension purposes.

An application for State Pension (non-contributory) was received on 12 May 2023. A decision letter issued on 18 May 2023 to advise the person concerned that they did not qualify for this pension as their household means were in excess of the statutory means limit.

It is open to the spouse of the person concerned to apply for an increase for a qualified adult of their pension. The Increase for Qualified Adult (IQA) allowance is a means-tested payment, payable to a claimant whose spouse, civil partner or cohabitant is being wholly or mainly maintained by them, and where that qualified adult’s personal means from any source does not exceed a means test income limit.

Where a qualified adult has weekly means of up to €100, the maximum rate of IQA is payable. Where their weekly means are over €100 and not more than €310, a tapering reduced rate of IQA is payable. If the qualified adult has means of more than €310 per week, this exceeds the means limit and there is no entitlement to an IQA payment. The means assessment also includes income from the capital value of savings.

I hope this clarifies the position for the Deputy.