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Appealing a decision for Farm Assist - anyone any experience

  • 08-08-2011 2:58pm
    #1
    stopyethere
    Closed Accounts Posts: 3 ✭


    Having seen business simply fall off a cliff a couple of years ago, a relative of mine slowly wound down his trading activities and has gotten involved in farming. He applied for 'farm assist' which is a means tested benefit - the only benefit open to him. He feels that he can - given a couple of years - get this enterprise operating to a point that it can bring in - at the very least - a modest yet viable income. However, right now he needs that farm assist payment to keep his head above water.

    He received a decision on it - and despite the fact that he's having to borrow money from here and there to make ends meet, the assessment suggests that he will get a pittance each week. There is no way that this reflects his current 'income'. He intends to challenge the deciding officers decision via an appeal. However, I am just wondering if anyone else has covered this ground already? Also, does anyone know how they actually calculated his current weekly income - as they have not given a break-down of this? Is he entitled to request this info prior to putting in his appeal?

    Any background info that folks can provide on the subject would be very welcome.


Comments

  • #2
    eastbono
    Registered Users, Registered Users 2 Posts: 2,758 ✭✭✭eastbono


    http://www.welfare.ie/EN/Publications/SW27/Pages/3Whatisthemeanstest.aspx

    Above is a link to how means is assessed for Farm Assist. He should have gotten a breakdown of how his means were assessed. He should appeal this decision straight away if he is not happy with it as I think he only has 21 days to do so.


  • #3
    stopyethere
    Closed Accounts Posts: 3 ✭stopyethere


    eastbono wrote: »
    He should have gotten a breakdown of how his means were assessed.
    He got a breakdown of sorts. i.e. they showed a figure of X amount per week for income and X amount per week for rental (he rents out rooms in his house). However, there is no further detail on how they arrived at the figure for his current income.
    eastbono wrote: »
    He should appeal this decision straight away if he is not happy with it as I think he only has 21 days to do so.
    Ok - thanks for confirming that - will let him know.


  • #4
    yabadabado
    Registered Users, Registered Users 2 Posts: 16,573 ✭✭✭✭yabadabado


    he can request the info on file through Freedom of Information act.


  • #5
    stopyethere
    Closed Accounts Posts: 3 ✭stopyethere


    yabadabado wrote: »
    he can request the info on file through Freedom of Information act.
    How long does that take, what cost and how complex is it to accomplish this?


  • #6
    clohamon
    Registered Users, Registered Users 2 Posts: 1,812 ✭✭✭clohamon


    stopyethere wrote: »
    How long does that take, what cost and how complex is it to accomplish this?

    It's 15 euro and you should have a reply within 4 weeks. If the records are withheld (exempt) you can ask for a further review @ €75 and 3 weeks more. After that you can seek a review at the Office of the Information Commissioner (OIC) @ €150. An initial finding at that office is supposed to emerge in 4 months - most don't. After that if you're still unsuccessful you can seek a formal finding at OIC - and that can take several/many years. If you still wish to continue after that you can go to the high court @ €50,000.

    Advice: The initial €15 stage might be worth a shot, after that don't bother.


    Process details here.
    http://www.oic.gov.ie/en/MakeanFOIRequest/RecordsheldbyaPublicBody/


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  • #7
    yabadabado
    Registered Users, Registered Users 2 Posts: 16,573 ✭✭✭✭yabadabado


    The €15 will get you all the info you need there wouldnt be anything withheld on a farm assist file.


  • #8
    eastbono
    Registered Users, Registered Users 2 Posts: 2,758 ✭✭✭eastbono


    He shouldnt have to go down the route of FOI. Get him to ring the Deciding Officer and ask DO how exactly his means were calculated.


  • #9
    mrsbyrne
    Closed Accounts Posts: 3,228 ✭✭✭mrsbyrne


    eastbono gives you very good advice. no need for FOI.Time consuming and unnecessary in this case. If he takes the correspondence he has from SW down to his local SW office a Deciding Officer will be happy to explain all.Bring all the original bank statements etc. with him. If he has new evidence regarding his means let him bring that and it will be considered.


  • #10
    beya2009
    Registered Users, Registered Users 2 Posts: 682 ✭✭✭beya2009


    Friend of mine who is a struggling farmer just got a decision on farm assist after 8 months and they only awarded him €17 a week. He told me he though Aprils fools day had come later this year as how is that supposed to make a difference to anyone lol How they came to that calculation is beyond him he told me. Can anyone shed light as to exactly what the capital cover? It must cover literally everything...the actual farm, house, everything.

    I told him he probably shouldn't hold his breath appealing as chances are it will take another 8 months and probably fall on deaf ears.


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