Social Welfare – Appeal Regarding Decision to Award an Amount under the State Pension (Contributory) Scheme in accordance with rules set under the Homemakers Scheme.
Social Welfare - Successful appeal of decision made to terminate entitlement to Carer's Allowance
The client attended the Community Law & Mediation advice clinic in relation to his entitlement to Jobseeker’s Allowance (JA). The client resides with his ex-wife in a property jointly owned by them. The client and his ex-wife separated in or around 2000 but did not obtain a legal separation. They continued to reside separately under the same roof. The client was awarded Jobseeker’s Allowance at the rate of €188 per week. A review of the payment was subsequently carried out by the Department. On request, the client submitted one of his ex-wife’s payslips and the Department wrote to the client stating that his ex-wife’s income had been taken into consideration in calculating his means and that, as a result, his JA payment was reduced to €7.70 per week. A Social Welfare Inspector attended his home and the client stated that he sleeps on the couch. He was not asked to provide the reasons for living with his ex-wife but he was questioned in relation to finances. The client’s ex-wife was not interviewed. The client appealed the decision of the Department and submitted correspondence from the Legal Aid Board in relation to instituting legal separation proceedings.
The client attended Community Law & Mediation’s advice clinic in relation to her entitlement to Child Benefit in respect of her 17 year old daughter. She had been in receipt of Child Benefit since 1999 but her payment was stopped on the basis of information received by the Department of Social Protection (Department) indicating that her daughter was no longer residing with her. The client was not informed
of the source or content of this information and appealed the decision on the basis that her daughter does in fact reside with her and that she is responsible for the maintenance of her child.
The case concerns our client’s claim for Guardian’s Payment (Non-Contributory), formerly Orphan’s (NonContributory) Allowance, in respect of her grandchild. The client applied for Guardian Payment twice and these applications were refused.
This case relates to the client’s Carer’s Allowance claim in respect of his daughter for whom he cares.