Social Welfare Appeal G0031

The Appellant applied for Jobseekers Allowance (JA), on the March 22th 2010. The claim was refused as the Deciding Officer (DO) was of the opinion that the Appellant had failed to show sufficient evidence that his means did not exceed the specified weekly limit. He provided no credible evidence to show how he had survived for the 12 years prior to the date of his claim, other than a personal statement to the effect that he had been supported by family and friends. This decision was appealed and an oral hearing granted. At the oral hearing, the Appellant provided written evidence demonstrating that he had been financially supported by family and friends. The Appeals Officer (AO) was satisfied that his means were, in fact NIL and the appeal was allowed.

Social Welfare Appeal G0051

The Appellant was in receipt of Illness Benefit from October 2007 until December 2010. Her on-going entitlement to Illness Benefit was examined on foot of an application by her for Invalidity Pension. Following a medical examination by a Departmental Medical Assessor the Deciding Officer (DO) deemed that the Appellant was fit for work. Her Illness benefit was subsequently withdrawn with effect from the 1st of December 2010.  This decision was appealed. The appellant was assisted by Roscommon CIC.

Before proceeding to Appeal, the Appellant sought a review of DO’s decision. In the course of this review a second opinion from a different Department Medical Assessor was sought. Based on the opinion of this Medical Assessor, that the Appellant was capable of work (if her difficulty was taken into account), the original disallowance was upheld on the 5th of July 2011. The appeal was disallowed by way of summary decision on 12th September 2011. Further representations were made including a request for an oral hearing of her case. A letter was issued to the Appellant stating that the original decision should stand. (This appeal was eventually allowed upon review by the Chief Appeals Officer under Section 318 of the Social Welfare Consolidation Act 2005 [as amended]. Please see Casebase report G0052 for an overview of that decision.)

Social Welfare Appeal G0032

After separating from her spouse, the Appellant applied for the One-Parent Family Payment. She was refused as she was not deemed to be habitually resident in the State. The Deciding Officer (DO) stated that there was no evidence of the Appellant’s continuous residence and means of support in the State. Also, the DO was of the opinion that the Appellant’s centre of interest was not Ireland, as she had lived elsewhere for most of her life and she had no apparent family ties in Ireland. This decision was appealed. The Appellant submitted evidence to support her assertion, that she was habitually resident in Ireland. The Appeals Officer was satisfied that the facts in this case supported the Appellant’s claim to be habitually resident in the state. The Appeals Officer issued a summary decision in this case.

Social Welfare Appeal G0028

This case concerns a claim for Illness Benefit which was withdrawn as the Deciding Officer deemed that the Appellant was fit for work. This decision was appealed but the appeal was refused following a medical examination by Department Medical Assessors. The Appellant then, made a further application under Section 317 of the Social Welfare Consolidation Act 2005 which led to the case being reopened and an oral hearing was granted. Following this hearing the appeal was allowed as the submissions of the Appellant and the medical evidence produced were held to be sufficient evidence of his inability to work. The Appeals Officer recommended periodic reviews in view of the Appellant’s improving condition.