Social Welfare Appeal G0048

The Appellant in this case was refused Jobseekers Allowance [JA] on two occasions. In both decisions the Deciding Officers asserted that the Appellant’s means could not be determined due to his failure to supply specific documentation relevant to his financial circumstances.

The Appellant appealed both decisions. The Appeals Officers upheld the respective decisions of the Deciding Officers.  In both cases oral hearings were held. The decision that is the subject of this report relates to the second claim.The Deciding Officer disallowed the claim on 19th of June 2009. NCL&MC, on behalf of the applicant, appealed this decision on the 8th of July 2009, and an oral hearing was held on the 23rd of February 2010.

The Appeals Officer disallowed the Appeal on 4 May 2010 for the following reason:

Having considered all of the evidence in this case, both on file and at the oral hearing, I do not consider that the appellant has demonstrated that he fulfils the statutory conditions as to means and consequently I disallow his appeal

HSE Medical Review G0024

Note: This case concerns the Mobility Allowance. This is not a Social Welfare Scheme. It is an Allowance administered and paid by the Health Service Executive. We have included this case as the Allowance is only available to those who pass a means test, and its terms are compatible with the description and category ‘social welfare’.  Following the failure of the Claimant’s appeal to the HSE Medical Review mechanism, he/she initiated proceedings, under the Equal Status Acts 2000 – 2008, concerning the basis of the refusal of MA. The origin of these proceedings is considered in a separate case file entitled G0024 which is also available on our website for your review.

Case Summary:

This case concerns an appeal taken by the Appellant to the Equality Tribunal concerning the medical criteria an individual must satisfy in order to qualify for Mobility Allowance (MA). The Appellant argued that the criteria are discriminatory as they do not apply to individuals with a mental disability and this was accepted by the Equality Officer. This decision however was successfully appealed to the Circuit Court by the HSE who argued that they were not the correct respondent (defendant) in the case. This argument was accepted by the Court.

Social Welfare Appeal G0020

The Appellant’s application for Disability Allowance (DA) was initially refused on two grounds; that is, failure to satisfy the medical criteria and the assertion by the Department of Social Protection that the applicant’s marriage tie had not been broken and that her estranged husband’s income should therefore be assessed against her claim. The decision was appealed. A revised decision was made in favour of the appellant with regard to the medical grounds but the matter of the marriage tie remained to be determined at oral hearing.