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Living Alone Allowance Case 1

Question At Issue:

Payment of Living Alone Allowance for late claim by Invalidity Pensioner.

Background:

Due to a change in qualifying conditions in April 2001, Living Alone Allowance was extended to all recipients of Invalidity Pension. Prior to that, Living Alone Allowance was not payable where a recipient was under age 65.

Appellant had been in receipt of Invalidity Pension at the time of the change in qualifying conditions but he only made his application for Living Alone Allowance in September 2004. The application was awarded from March 2004 which is six months prior to the receipt of the claim. Therefore, the period in question was from April 2001 to March 2004.

Oral Hearing:

Appellant attended the oral hearing alone. The question at issue was explained and relevant documentation was read from the file.

The appellant stated that he had lived alone since1993 but accepted that any possible entitlement would only date from April 2001. He stated that he suffered from depression for years. He was on medication and was hospitalised on two occasions. He stated that in 2001 and subsequent years he was very confused and unable to properly deal with his affairs. He stated his depression developed following the deaths of his mother and aunt which left him living alone. He neglected eating properly, going out socially and going to mass. He did not understand that he may have entitlement to extra allowances at that time and was not mentally fit to know whom to approach for information.

The Appeals Officer pointed out to him that the Department of Social and Family Affairs issued a notice in his pension book detailing the nature of the changes made in 2001. He stated that he had no recollection of receiving this notification but admitted that he would not have taken any notice of it given his mental state. He stated that he gradually tackled his depression by sheer determination; he gradually came off medication and engaged with people socially. It was a difficult process but he was determined to overcome his problems. He stated that he learnt of his possible entitlement to Living Alone Allowance following a conversation with a neighbour. He undertook to obtain medical evidence of his mental state during 2001 and subsequent years.

Appellant subsequently forwarded a letter from his G.P. confirming that he had suffered from depression from 2001 to 2003.

Consideration of the Appeals Officer:

The appellant’s original application for Invalidity Pension and Free Fuel Allowance dated 1997 were attached to the appeal file. In both forms the appellant indicated that he lived alone. The Appeals Officer is satisfied that this represents proper notification by the appellant to the Department of Social and Family Affairs that he lived alone.

On the introduction of Living Alone Allowance for recipients of Invalidity Pension less than 65 years of age, efforts could have been made to establish if the appellant continued to live alone when he did not respond to the notification of the revised conditions. As Free Fuel payments continued it is an indication that the Department of Social and Family Affairs were satisfied that he still resided alone.

Based on the evidence adduced at the oral hearing, the Appeals Officer is satisfied that the appellant had limited capacity at that time due to depression to deal with his own affairs. The Appeals Officer is satisfied that his failure to respond to the notification of the revised conditions for Living Alone Allowance was due to his poor mental capacity.

On the basis that the appellant had supplied information to the Department of Social and Family Affairs to the effect that he was living alone on his application for Free Fuel and that he was not fully able to manage his own affairs in 2001, the Appeals Officer is satisfied that Living Alone Allowance is payable from April 2001.

Outcome:

Appeal allowed.

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