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Family Cases

Carers Allowance Case 1
Question at Issue: Extent of care provided

Carers Allowance Case 2
Question at Issue: Maintenance payments made by the appellant's spouse for support of his first family included in the assessment of means.

Carers Allowance Case 3
Question at Issue: Whether the person being cared for requires full-time care and attention, in line with the qualifying conditions for receipt of Carers Allowance.

Carers Allowance Case 4
Question at Issue:  Whether the appellant, the child's minder, satisfied the conditions for receipt of payment.

Carers Allowance Case 5
Question at Issue: Whether Carer’s Allowance is payable to each of two carers on a week on/week off basis.

Carer's Allowance Case 6
Question at Issue: Carers Allowance is not payable on the grounds that full-time care is not required and that the carers are resident in an institution.

Carer's Allowance Case 7
Question at Issue: Whether the appellant's claim for carer's allowance should be disallowed on the grounds that she was not providing full-time care and attention to the care recipient.

Carer's Allowance Case 8
Question at Issue: The appellant’s claim to Carers Allowance was disallowed because she was not providing full time care and attention as laid down in legislation.
 
Question at Issue: The appellant is appealing a Deciding Officer’s decision circa 2009 stating that he is not entitled to Carer’s Allowance as the Chief Medical Advisor having examined the medical evidence had considered that, in his opinion, the care recipient is not so invalided as to require full time care and attention as laid down in the Carer’s Allowance legislation.

Child Benefit Case 1
Question at Issue: ‘Normal residence’ of qualified child.

Child Benefit Case 2
Question at Issue: Appellant is appealing the decision to withdraw her Child Benefit in respect of her two children as they no longer reside with her.

Child Benefit Case 3
Question at Issue: Whether the appellant may be paid Child Benefit in respect of his cousin who is under the care of his local Health Service Executive.

Child Benefit Case 4
Question at Issue: Whether the appellant’s claim to Child Benefit may be paid with effect from a date in 1991 when she moved from the United Kingdom to Ireland.

Child Benefit Case 5
Question at Issue: Whether a claim for child benefit could be backdated where the appellant was granted leave to remain in the State as the mother of an Irish born child.

Child Benefit Case 6
Question at Issue: Whether payment of child benefit should be disallowed for a period of four months when the child in question was not ordinarily resident in the state.

Child Benefit (Habitual Residence) Case 1
Question at Issue: Whether the appellant, whose partner is employed in Ireland, may be regarded as habitually resident in the State for purposes of her Child Benefit claim.

Child Benefit (Habitual Residence) Case 2
Question at Issue: Whether the appellant may be deemed to be habitually resident in the State for purposes of her Child Benefit claim.

Child Benefit (Habitual Residence) Case 3
Question at Issue: whether the appellant may be deemed to have been habitually resident in the State prior to January 2009 for purposes of her claim to Child Benefit.

Domiciliary Care Allowance Case 1
Question at Issue: whether the medical condition for receipt of Domiciliary Care Allowance has been met in this case.

Domiciliary Care Allowance Case 2
Question at Issue: whether the requirement as to the provision of substantial extra continuous care, in excess of that required by a child of the same age without a disability, is met in this case.

Domiciliary Care Allowance Case 3
Question at Issue: whether the requirement for continual or continuous care and attention, substantially in excess of the care and attention required by a child of the same age without a disability, is met in this case.

Domiciliary Care Allowance Case 4
Question at Issue: whether the appellant is entitled to continue to receive Domiciliary Care Allowance in light of a decision to terminate payment in respect of two of her children with effect from a date in 2010. (This is the first of two appeals, and refers to the appellant’s son.)

Domiciliary Care Allowance Case 5
Question at Issue: whether the appellant is entitled to continue to receive Domiciliary Care Allowance in light of a decision to terminate payment in respect of two of her children with effect from a date in 2010. (This is a second appeal and refers to the appellant’s daughter.)

Domiciliary Care Allowance Case 6 
 Question at Issue: Whether the appellant qualifies for Domiciliary Care Allowance (DCA) on the basis that his daughter requires continual or continuous care and attention substantially in excess of that required by a child of the same age without such a disability and therefore meets the criteria for receipt of DCA.

Domiciliary Care Allowance Case 7
Question at Issue: The appellant does not qualify for Domiciliary Care Allowance (DCA) on the basis that her child does not require continual or continuous care substantially in excess of that required by a child of the same age without a disability and so does not satisfy the medical criteria for qualification for DCA.

Domiciliary Care Allowance Case 8
Question at Issue: To refuse Domiciliary Care Allowance from a specified date as the appellant’s child is not deemed to satisfy the medical criteria.

Domiciliary Care Allowance Case 9
Question at Issue: Appellant is appealing a Deciding Officer’s decision that she does not qualify for Domiciliary Care Allowance on the basis that her daughter does not require continual or continuous care and attention substantially in excess of that required by a daughter of the same age without a disability.

Domiciliary Care Allowance Case 10
Question at Issue: The appellant is appealing the Deciding Officers (DO) decision that she is not entitled to Domiciliary Care Allowance (DCA) in respect of her child as the child is not regarded as a qualified child within Social Welfare legislation. The DO’s decision was as follows:

“It is clear from your application that your child requires additional support, however, while the diagnosis of your child’s disability is not in question, the medical evidence provided does not indicate that the extra care and attention required is substantially in excess of that required for a child of the same age who does not suffer from your child’s condition. As a result your child is not considered eligible for Domiciliary Care Allowance”.

Domiciliary Care Allowance Case 11
Question at Issue: That Domiciliary Care Allowance (DCA) is not payable in respect of a child as the child is not regarded as a qualified child as provided for under Chapter 8A of the Social Welfare Consolidation Act 2005 because the medical criteria for the scheme had not been met.

Domiciliary Care Allowance Case 12
Question at Issue: To disallow the appellant’s Domiciliary Care Allowance (DCA) application on the grounds that her son is not deemed to meet the criteria for the scheme.

Domiciliary Care Allowance Case 13
Question at Issue: To refuse Domiciliary Care Allowance (DCA) as the appellant’s son is deemed not to meet the criteria for the scheme.

Domiciliary Care Allowance Case 14
Question at Issue: The decision to refuse an application for Domiciliary Care Allowance (DCA) which was received from the appellant in mid 2011 in respect of her child.

Domiciliary Care Allowance Case 15
Question at Issue: The appellant no longer qualifies for Domiciliary Care Allowance (DCA) for her child on the basis that he does not require continual or continuous care and attention substantially in excess of that required by a child of the same age without a disability.

Family Income Supplement Case 1
Question at Issue: Whether appellant satisfied the requirement as to the number of hours worked per fortnight in order to qualify for Family Income Supplement.

Family Income Supplement Case 2
Question at Issue: Whether hours worked in addition to contracted hours may be taken into consideration for family income supplement purposes.

Farm Assist Case 1
Question at Issue: That the appellant is not entitled to Farm Assist as he has failed to fully disclose his means.

Farm Assist Case 2
Question at Issue: Assessment of means derived from the annual profit of a holding.

Guardian’s Pension Case 1
Question at Issue: Whether the children in the case may be deemed to be orphans in line with the provisions of social welfare legislation.

Guardian’s Pension Case 2
Question at Issue: Whether a Guardian’s Payment (Contributory) is payable to the appellant in respect of her granddaughter.

Guardian’s Pension Case 3
Question at Issue: whether the appellant’s granddaughter may be deemed to satisfy the definition of orphan as prescribed in social welfare legislation.

Guardian’s Pension Case 4
Question at Issue: whether the appellant was entitled to payment as the child’s guardian in view of the fact that her parents were providing support.

One Parent Family Payment Case 1
Question at Issue: Assessment of capital value of house formerly shared by appellant and her partner in determining means

One Parent Family Payment Case 2
Question at Issue: Liability to make contributions to the Department of Social and Family Affairs in respect of a child.

One Parent Family Payment Case 3
Question at Issue: Efforts to seek maintenance in line with the qualifying conditions for receipt of payment.

One Parent Family Payment Case 4
Question at Issue: Revised decision as to entitlement to payment, resulting in the assessment of an overpayment of some €14,000.

One Parent Family Payment Case 5
Question at Issue: Whether the appellant may be regarded as a separated spouse in line with the qualifying conditions for payment under the scheme.

One Parent Family Payment Case 6
Question at Issue: Non-disclosure of means.

One Parent Family Payment Case 7
Question at Issue: Whether the appellant, originally from a central African country, satisfied the conditions for receipt of One Parent Family Payment.

One Parent Family Payment Case 8
Question at Issue: Whether the appellant was entitled to receive a One Parent Family Payment during the period when her husband was in prison.

One Parent Family Payment Case 9
Question at Issue: Retrospective assessment of means derived from earnings with consequent overpayment of some €18,500.

One Parent Family Payment Case 10
Question at Issue: Claim to One Parent Family Payment refused as means derived from maintenance exceed the statutory limit.

One Parent Family Payment Case 11
Question at Issue: Cohabitation. 

One Parent Family Payment Case 12
Question at Issue: Decision to revise the appellant’s entitlement to payment from a date in 1998 and to terminate payment with effect from a date in 1999, on grounds that she had weekly earnings in excess of the statutory limit. As a consequence, an overpayment of some €28,000 was assessed. 

One Parent Family Payment Case 13
Question at Issue: Whether appellant’s claim to one parent family payment should be disallowed on the grounds that she was co-habiting giving rise to an overpayment. 

One Parent Family Payment Case 14
Question at Issue: co-habitation – whether the decision to disqualify the appellant for receipt of One Parent Family Payment, with effect from a specified date in 2008, was correct.

Widows/Survivors Pension Case 1
Question at Issue: Backdating pension to cover the period of the appellant’s second marriage following the granting of a decree of civil nullity.

Widows/Survivors Pension Case 2
Question at Issue: Backdating pension to cover the period of the appellant’s second marriage following the granting of a decree of civil nullity.

Widows/Survivors Pension Case 3
Question at Issue: Decision to reject the appellant’s claim to a Widow’s (Contributory) Pension on grounds that she was not regarded as the legal wife of a person who had been divorced in the United Kingdom prior to their marriage.

Widows/Survivors Pension Case 4
Question at Issue: whether it was correct to award a (pro-rata) Widow’s Pension in connection with a claim made in 2006; the appellant held that an earlier claim made in 1992 had not been determined.

 
 
 
 

End of Document

                                                  


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