Case Studies » Carer's Benefit » Carer’s Benefit & Maternity Benefit - from 2015 Annual Report (ref: 2015/15)

Question at issue: Concurrent payment of benefits

Background: The appellant had been in full-time employment prior to the birth of her first child.  When her child was diagnosed as having a disability, she made a claim for Carer’s Benefit and returned to work on a part-time basis.  The claim was awarded with effect from a date in 2012 for the maximum period (104 weeks) for which Carer’s Benefit may be paid.  The appellant applied for and was awarded Maternity Benefit in 2013.  In connection with that claim, she had provided details of her Carer’s Benefit payment.  Subsequently, however, she was advised that Carer’s Benefit is not payable with other social welfare payments such as Maternity Benefit and a Deciding Officer held that she was not entitled to Carer’s Benefit with effect from the date on which Maternity Benefit had been paid.  The effect of the decision was to create an overpayment of some €5,000. 

Oral hearing: The appellant outlined the background to her claim for Carer’s Benefit and her decision to make the claim.  She stated that, on the application form, there had been a list of circumstances outlined that may affect Carer’s Benefit and a statement indicating that there was a requirement to notify the Department in the event of such circumstances occurring.  She pointed out that payment of Maternity Benefits was not included on the list.  In addition, she stated that when she completed the application form for Maternity Benefit she had declared that she was in receipt of Carer’s Benefit.  She said that she did not consider that she was liable for the overpayment which had been assessed. 

The appellant acknowledged that she had signed a declaration on the Carer’s Benefit claim form, indicating that she would notify the Department of any change in income or circumstances.  She advised that she had been aware that her combined income was quite high but that she had considered that this was something to which she had an entitlement in view of her circumstances. She advised that her second child had also been diagnosed with the same disability and that she was in receipt of Carer’s Allowance and Domiciliary Care Allowance in respect of both children.

Consideration: Having regard to the provisions of the legislation, the Appeals Officer concluded that the appellant was not entitled to receive Carer’s Benefit for the period that she had paid been Maternity Benefit.  Accordingly, the appeal was held not to succeed.  Following further submissions, the Appeals Officer revised his decision and determined that it should take effect from a specified date only, with the effect that the amount of the overpayment was reduced.

Request for review: Solicitors acting for the appellant sought a review of the Appeals Officer’s decision in accordance with Section 318 of the Social Welfare Consolidation Act, 2005.  The Chief Appeals Officer carried out a review, advising that her role under the terms of the legislation was a revising one rather than another avenue of appeal.

Grounds for Review: In support of the request, two points were put forward: that when the Department notified the appellant of the award of Carer’s Benefit, the receipt of Maternity Benefit was not listed as one of the circumstances that would affect her entitlement, and in her application for Maternity Benefit she had provided details of the Carer’s Benefit payment.  It was asserted that the Appeals Officer did not exercise his discretion properly in relation to the reduction in the overpayment assessed against the appellant.

The Chief Appeals Officer examined the background to the case and the details of the appellant’s claim.  She noted that the appellant’s attention had been drawn to the circumstances and events which might affect her Carer’s Benefit and of the necessity to notify the Department if any of these occurred.  She observed that only one of the twelve events related to receipt of a payment (Domiciliary Care Allowance) and that the others related to circumstances such as change in care arrangements, change of address, bank details or marital status.  Maternity Benefit was not mentioned.

Having reviewed all the material that was before the Appeals Officer, the Chief Appeals Officer was satisfied that the appellant had provided full details of her Carer’s Benefit payment when she applied for Maternity Benefit.  She concluded that, in doing so, she had fully discharged her obligation to notify the Department of a change of circumstances that might affect her entitlement to Carer’s Benefit – albeit that the payment of Maternity Benefit was not listed as a payment that might affect her continued entitlement to Carer’s Benefit.  She noted that the information had been submitted to the Department in ample time to allow payment of Carer’s Benefit to be discontinued and to avoid the concurrent payment of Carer’s Benefit and Maternity Benefit.  She concluded, therefore, that the decision of the Appeals Officer was erroneous in that appropriate consideration was not given to all the facts of the case and that discretion had not been appropriately applied by the Appeals Officer.  In the circumstances, the Chief Appeals Officer determined that the revised decision should have taken effect from a current date and no overpayment raised.

Outcome: Appeal allowed.