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 Header Item Written Answers Nos. 236-253
 Header Item Civil Registration Legislation
 Header Item Back to Education Allowance
 Header Item Jobseeker's Allowance Applications
 Header Item Invalidity Pension Appeals
 Header Item Disability Allowance Appeals
 Header Item Carer's Allowance Appeals
 Header Item Invalidity Pension Appeals
 Header Item Carer's Allowance Appeals
 Header Item Disability Allowance Appeals
 Header Item Domiciliary Care Allowance Appeals
 Header Item Invalidity Pension Appeals
 Header Item Family Income Supplement Applications
 Header Item Disability Allowance Appeals
 Header Item Invalidity Pension Appeals
 Header Item Invalidity Pension Appeals
 Header Item Domiciliary Care Allowance Appeals
 Header Item Carer's Allowance Appeals

Tuesday, 22 October 2013

Dáil Éireann Debate
Vol. 818 No. 1

First Page Previous Page Page of 83 Next Page Last Page

Written Answers Nos. 236-253

Civil Registration Legislation

 236. Deputy Ciara Conway Information on Ciara Conway Zoom on Ciara Conway asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton if she will examine the circumstances regarding outdoor ceremonies (details supplied); if she will clarify if it is the case that the ceremonies mentioned cannot be conducted outdoors, if so, the rationale for this and if there is flexibility in this; and if she will make a statement on the matter. [44196/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The notification, solemnisation and registration of marriages are governed by Part 6 of the Civil Registration Act 2004. Section 51(2) (c) of the Act provides that a registered solemniser “…shall not solemnise a marriage unless the solemnisation takes place in a place that is open to the public”.

Section 51(5) states that this, and certain other requirements, are declared to be substantive requirements for marriage. In other words, failure to comply with the terms of section 51(2)(c) renders the marriage void.

The requirement that the place for solemnisation of a marriage is open to the public is currently taken to mean that the place must be a building that is easily identifiable by its address, and that it is open to the public to enter at all reasonable times, but especially on the day on which an intended marriage is to be solemnised.

The intention is to prevent marriages from taking place in secret so as to avoid situations where marriages are solemnised to which there may be an impediment, to prevent forced marriages, and to provide an opportunity for members of the public to make objections to marriages.

I understand that a letter has recently issued from the Registrar General to all religious and secular bodies outlining the policy in operation in relation to marriage ceremonies currently.

The Department will keep the procedures regarding the solemnisation of marriages under review with a view to ensuring that they are in keeping with the updating of the Civil Registration Act 2004 through the Civil Registration (Amendment) Bill 2013 which I hope to publish early next year.

Back to Education Allowance

 237. Deputy Billy Timmins Information on Billy Timmins Zoom on Billy Timmins asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton the number of persons who left the live register to go onto back to education allowance in August and September 2013; and if she will make a statement on the matter. [44210/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton A total of 12,719 customers were re-classified as back to education allowance during the months of August and September 2013. The vast majority of these customers would have originally been in receipt of either jobseekers allowance or jobseekers benefit. It does, however, also include some other categories of customers, such as one-parent family payment, who are not included on the Live Register.

Jobseeker's Allowance Applications

 238. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton further to Parliamentary Question No. 147 of 26 September 2013, the documentation outstanding in respect of an application for jobseeker's allowance in the case of a person (details supplied) in County Dublin; and if she will make a statement on the matter.  [44211/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The person concerned was requested to submit documentation in relation to his means during his period of absence from the state, which according to the information available to this Department was from the 14 July 2013 until the 15 August 2013.

Invalidity Pension Appeals

 239. Deputy Bernard J. Durkan Information on Bernard Durkan Zoom on Bernard Durkan asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton if she will review an entitlement to invalidity pension in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44212/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton Invalidity pension is a payment for persons who are permanently incapable of work and who satisfy the PRSI contribution conditions.

  The person in question was in receipt of invalidity pension from 29 January 2009. Following a review of her claim, her payment was suspended with effect from 23 May 2013, as it was discovered that she was working without permission while in receipt of an invalidity pension.

  Upon further enquiries by the Department, the claimant submitted a payslip and a date of commencement of employment on 30 May 2013. The claimant further indicated that her employment was continuing.

  A letter issued to the person concerned inviting her to forward in writing any observations or comments regarding her invalidity pension claim and her employment.

  On 8 October 2013, a deciding officer disallowed invalidity pension in respect of the person concerned from 05/01/2012 to 22/05/2013 on the ground that she was working while in receipt of invalidity pension. The resulting overpayment amounts to €16,077.60. The person in question was advised of her right to seek a review or to appeal the decision to the independent Social Welfare Appeals Office (SWAO).

  The person concerned has lodged an appeal and all relevant papers will be prepared and forwarded to the SWAO as soon as possible.

Disability Allowance Appeals

 240. Deputy Dara Calleary Information on Dara Calleary Zoom on Dara Calleary asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Mayo may expect a disability allowance claim to be processed; the reason the application has been delayed; and if she will make a statement on the matter.  [44218/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19th February 2013.   It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 22nd August and the case was referred to an Appeals Officer. I am advised by the Social Welfare Appeals Office that a decision will issue to the person concerned within the next week.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Carer's Allowance Appeals

 241. Deputy Jack Wall Information on Jack Wall Zoom on Jack Wall asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton the position regarding a carer's allowance appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [44277/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 15th October 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Invalidity Pension Appeals

 242. Deputy Pat Breen Information on Pat Breen Zoom on Pat Breen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a decision on an invalidity pension appeal will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [44286/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer's decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Carer's Allowance Appeals

 243. Deputy Tom Fleming Information on Tom Fleming Zoom on Tom Fleming asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton if she will expedite a carer's allowance overpayment appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [44292/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 2nd September 2013. 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. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing. The Deputy's representations on this matter will be included with the documentary evidence when it is being forwarded to the Appeals Officer.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Disability Allowance Appeals

 244. Deputy Tom Fleming Information on Tom Fleming Zoom on Tom Fleming asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton if she will expedite a decision on a disability allowance appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [44294/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Domiciliary Care Allowance Appeals

 245. Deputy Ray Butler Information on Ray Butler Zoom on Ray Butler asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when the outcome and response will be forthcoming on an appeal for a domiciliary care allowance payment in respect of a person (details supplied) in County Meath; and if she will make a statement on the matter. [44299/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 3rd October 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Invalidity Pension Appeals

 246. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an appeal for invalidity pension. [44304/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer's decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Family Income Supplement Applications

 247. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an application for family income supplement. [44306/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Family Income Supplement (FIS) is designed to provide support for people with families who are on low earnings.

  The person concerned applied to have their FIS payment renewed with effect from 12 September 2013. Before their entitlement could be determined a report was sought from the social welfare inspectorate confirming household income and employment status.

  Following receipt of the social welfare inspector's report, the renewal application for the person concerned has been processed. Their FIS payment has been renewed in respect of family of 4 children, at the weekly rate of €325 with effect from 12 September 2013.

  Payment of FIS will be made to the nominated bank account of the person concerned for 52 weeks up to 10 September 2014, provided they remain in employment at a minimum level of 38 hours per fortnight.

Disability Allowance Appeals

 248. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an appeal for disability allowance. [44308/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence including that adduced at the oral hearing, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer's decision

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Invalidity Pension Appeals

 249. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an appeal for invalidity pension. [44309/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 22nd August 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 13th September 2013 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Invalidity Pension Appeals

 250. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an appeal for invalidity pension. [44311/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 11th June 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 16th September 2013 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton   Question No. 251 withdrawn.

Domiciliary Care Allowance Appeals

 252. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an appeal for domiciliary care allowance. [44313/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton  The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 12th September 2013, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

  The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Carer's Allowance Appeals

 253. Deputy Barry Cowen Information on Barry Cowen Zoom on Barry Cowen asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton when a person (details supplied) in County Offaly may expect a decision on an application for carer's allowance. [44315/13]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned has been referred to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.


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