Social Welfare Appeal G0082

Year: 2016

Type of Social Welfare: Carer’s Allowance

Deciding Body: Chief Appeals Officer

This case relates to an application by the Appellant for Carer’s Allowance (half rate) in order to care for his wife. The Appellant’s wife was 57 years of age and had a diagnosis of Recurrent Psychotic Depression.

The Appellant applied for Carer’s Allowance in 2015. The Appellant’s application was refused. On Part 10 of the application form, the Doctor certified that the Appellant’s wife was moderately affected by her condition. The Deciding Officer (DO) considered that the Appellant’s wife was not so invalided or disabled as to require full time care and attention. The Appellant appealed the DO’s decision to the Social Welfare Appeals Office (SWAO). The Appeals Officer denied the appeal, following an oral hearing; on the basis that it had not been shown that the Appellant’s wife required full-time care and attention.

The Appellant sought assistance from MABS. In May/June 2016 MABS requested a review of the Appeal Officer’s decision pursuant to section 318 of the Social Welfare Consolidation Act 2005 (the 2005 Act).  In submitting grounds for review, MABS asserted that the Appeals Officer had not demonstrated that appropriate evidential weight had been attributed to the Appellant’s written and oral testimony as to facts of his wife’s care needs. As a consequence it was asserted that the Appeals Officer’s reasoning was flawed to the extent that he had erred in fact and law.