Social Welfare Appeal 04-11-2004

The Appellant was denied Rent Supplement on the grounds that she had an insufficient reason for leaving her precious local authority housing. The Appellant appealed this decision. The appeal was allowed.

Social Welfare Appeal G0025

The Appellant, an unaccompanied minor, arrived in Ireland from a non-EEA State in 2003 and presented herself at the Office of the Refugee Applications Commissioner (ORAC). She was unable to prove her age but was assessed as being under 18 years of age. Her case was referred to the Health Board and she was placed in a hostel for those under 16 years of age. The Health Board referred the matter back to ORAC and the Appellant was re-assessed, via interview, to be over 18 years of age and from this point onwards treated as an adult. She was taken out of the care of the Health Board and removed from the hostel. As an “adult”, the Appellant was excluded from the provisions of the Child Care Act 2007 but still considered a minor for the purposes of Social Welfare entitlements. She was refused Direct Provision and she was excluded from receiving Supplementary Welfare Allowance (SWA) on
the basis that she was in full-time education. The Appellant appealed the refusal of SWA.
Alternatively she sought to be treated as a homeless child and have the necessary arrangements made in order to provide her with suitable accommodation. Her appeal was disallowed and she was excluded from getting SWA on the basis that she was in full-time education.

Social Welfare Appeal 03-06-2004

Appellant was on Disability/Occupational Injury Benefit for one year. Her benefit was revoked as of 15/08/03 on the basis of a medical assessment that stated Appellant was fit for other categories of work.

Social Welfare Appeal 30-01-2004

Appellant was injured in an accident in July of 1994. She began receiving Disability Benefit in August of that year. She suffered and continues to suffer from chronic back pain with disc prolapse. Although the Department found her capable of work following a medical assessment in 2002 and stopped payment of Disability Benefit, this decision was successfully appealed. Appellant applied for Invalidity Pension in 2003. She was denied on November 25, 2003, pursuant to the recommendation of a medical assessor who examined her November 5, 2003. Appellant’s G.P. was not sent a questionnaire prior to this assessment. Appellant had been hospitalised due to her injuries and released just prior to the assessment. It was the view of Appellant’s G.P. that she was not fit to attend the assessment and that she would not be able to work again. Appellant did not work from the date of her injury for the nine years until her invalidity pension claim was allowed. Appellant appealed the refusal of her claim and a second medical assessment took place on January 30, 2004. Based on this assessment, the decision was reversed and Appellant’s Invalidity Pension Claim was allowed. No hearing was required.