Dail Éireann · 2024-02-20
Part of Other Questions
4 contributions · 2 speakers · 734 words
57. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which she is aware of a tendency to refuse applications for carer's allowance and disability allowance, which subsequently go to appeal, causing delays resulting in hardship; and if she will make a statement on the matter. [7787/24]
Where claims are disallowed, or allowed at a rate other than the maximum rate, the carer is given an explanation of the basis for the decision in writing. This is to assist them in understanding why the claim may have been disallowed and so that they are fully informed in making an appeal if they wish to do so. If they make an appeal, this is considered by the social welfare appeals office, which is required under statute to act independently in its decision making.
In practice, many appeals received tend to include significant additional information that was not available to the deciding officer at the time the claim was first considered. Approximately half of all cases where the decision is reversed are reversed by the Department itself on the basis of this new information.
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This question is similar to the previous question. It draws attention to the fact that while all allowances are means tested, the stoppage for whatever reason of some allowances more than others can cause a seriously negative impact on the applicant. I am trying to suggest that we could take a more benign approach to ensure that when such issues go to appeal, there is something at hand to ensure that hardship is not suffered by the family affected.
I thank the Deputy for raising the issue. I reassure Deputies that there is no tendency to refuse applications for carer's allowance or disability allowance in my Department. In fact, the majority of claims are granted at first decision. Approximately 10% of all claim decisions are appealed. Deciding officers are required under legislation to act independently and to make decisions in a fair and impartial manner and in accordance with criteria set in the legislation for the relevant scheme. Ongoing training and guidance are provided to ensure that the deciding officers apply these criteria correctly.
Where claims are disallowed, or allowed at a rate other than the maximum rate, the carer is given an explanation of the basis for the decision in writing. Carers are advised of their right of review and appeal of the decision. The Department has recently started to include the report of its medical assessors in the communication sent to customers. This is to assist them in understanding why the claim may have been disallowed and so that they are fully informed in making an appeal if they wish to do so.
If they make an appeal, this is considered by the social welfare appeals office, which is required under statute to act independently in its decision making. In practice, many appeals received tend to include significant additional information that was not available to the deciding officer at the time the claim was first considered. All appeals are therefore referred back to the Department in the first instance so that the original decision can be reviewed. Approximately half of all cases where the decision is reversed are reversed by the Department itself on the basis of this new information. I, therefore, encourage all people to provide as much information as possible with their claim. I assure them that the Department will take full account of the information provided and will not disallow the claim unless there are good grounds to do so.
I thank the Minister for her detailed reply. There are glitches that happen from time to time, usually in situations where an earner comes into or leaves the household intermittently. That may then cause a situation like one I had to deal with over Christmas where a household earns no money at all and has no way of getting money. The supplementary welfare system is supposed to be there to deal with such a situation but it not always possible, depending on the time and place and when public holidays fall. Such situations can occur. It was said to me in the course of discussion that the applicant in question was due a lot of money in child benefit and was due to receive it shortly.
That is not an answer to the question, though. Child benefit is a different payment altogether that has a different role and addresses a different issue. One payment should not be held up against another to say those affected have enough to proceed.
I thank the Deputy. He probably knows the social welfare system more than many of us in this House. He certainly has a great understanding of it and a great appreciation of the many, varied and difficult circumstances in which people find themselves. He regularly discusses this with me.
I would be happy to examine the specific case. If somebody says one cannot have such a payment because one is due a back payment, that is to assume the payment is coming. I will have to check the details of the specific case. I will be happy to do so because the one thing we do not want is to deprive somebody of a payment. I am very committed to that. Carers do a wonderful job. Some provide care 24-7. For others, it might not be quite as demanding, but we do want to help and support carers. I am happy to take up the case on the Deputy's behalf.