Carer's Allowance Confusion

paddycomeback

I got a document under an FOI request from SW. It was attached to the Medical Report.It says:

Eligibility: (icon of a magnifying glass) Eligible

Not Eligible Reason: (icon of a purple circle) Medical Opinion Reason

I cannot figure out what the apparently contradictory statements actually mean. I was turned down on Habitual Residency Test and was never told if my father met the medical criteria or not. Can anyone crack the code?

I am Irish by the way but have returned from UK hence HRT refusal.

mrsbyrne

Not really cracking the code, but if you had been turned down on Medical Criteria as well as HRC then the letter of refusal they sent you would have stated that.
Did your refusal letter just say HRC?

paddycomeback

I applied Feb 2012. This medical document dated May 2012. Got HR form Jan 2013. Refused Feb 2013 on HR. No mention in that letter of refusal on any other grounds.
Since then in appeal process I made FOI request which along with everything else included the ambiguous eligible/not eligible bit I quoted.
I suppose it could be infered from them sending the HRT that the medical criteria was fulfilled.However I am so disillusioned with the Longford office I wouldn't be surprised even if I won the residency appeal that they wouldn't just say "you failed on medical grounds anyway".

maryk123

Have you appealed. Appeal everything

paddycomeback

maryk123 wrote: »

Have you appealed. Appeal everything

Yes on Habitual Residency but I would still like to know what the medical decision is. I have written to the Assistant Principal in Longford and eagerly await his reply but I won't hold my breath.

mrsbyrne

paddycomeback wrote: »

I applied Feb 2012. This medical document dated May 2012. Got HR form Jan 2013. Refused Feb 2013 on HR. No mention in that letter of refusal on any other grounds.
Since then in appeal process I made FOI request which along with everything else included the ambiguous eligible/not eligible bit I quoted.
I suppose it could be infered from them sending the HRT that the medical criteria was fulfilled.However I am so disillusioned with the Longford office I wouldn't be surprised even if I won the residency appeal that they wouldn't just say "you failed on medical grounds anyway".

Have you appealed the HRC to the Appeals Office? You need to supply them with every iota of evidence that you can lay your hands on that Ireland is now your centre of interest.
The Appeals Office is completely bogged down at the moment.
If you eventually are allowed your Appeal, the application is returned to Longford and if you have antagonised the staff there by any means, then this would not be to your long-term advantage.
Your application probably still has to be means-tested, and they may seek further clarification of you fathers need for full time care and attention.
The HRC was refused very quickly. Did you supply them with all the evidence they needed with that initial application?
Did you apply for SWA while your Appeal is being heard?

paddycomeback

Mrs Byrne my question is what does the document attached to the medical report mean?

mrsbyrne

paddycomeback wrote: »

Mrs Byrne my question is what does the document attached to the medical report mean?

I honestly dont know Paddy. Maybe some of the other regular posters here who are possibly retired SW employees will know.
What I do know is that if you get seriously hung up on proving that there was a miscarriage of justice in the first place, you wont win.
If you feel you were refused incorrectly on a point of law, you need to get legal advice.
You really really need to give your Appeal the best chance of being allowed by literally suffocating them with evidence of your fulfilling the HRC.
By all means ask your dads GP/specialist/geriatrician to give you an updated report on his condition and you can keep that just in case they do query his medical criteria later on, but if they only refused you so far on the HRC then thats what you need to concentrate on.
They probably have suspended your means test while they wait to hear from the Appeals office, that will be a whole other bother.
You can continue to send evidence to the Appeals office as and when you get it.
Good luck

eastbono

You state you were turned down on Hab Res grounds. From what you have posted and taking an educated guess I would think that you were eligible on medical grounds as it states eligible after eligibility. If eligibility had stated not eligible then the medical opinion reason would be after not eligible reason.

wmpdd3

Looks to me like medical was passed, so just hr.

PS, you need to block out the Dr name in pic.

paddycomeback

wmpdd3 wrote: »

Looks to me like medical was passed, so just hr.

PS, you need to block out the Dr name in pic.

Without names.

eastbono

paddycomeback wrote: »

Without names.

Def medically eligible and they were more than satisfied with this as they didnt want it reviewed at a later date so just hrc disallowed.

paddycomeback

eastbono wrote: »

Def medically eligible and they were more than satisfied with this as they didnt want it reviewed at a later date so just hrc disallowed.

Good only one front to fight on then. Doing usual stuff local councillors TD's etc. for appeal. Whether my 87 year old dad or indeed myself will last to the end though is debatable.

eastbono

You need to get that appeal in within 21 days. On what grounds of HRC did they turn you down.

paddycomeback

eastbono wrote: »

You need to get that appeal in within 21 days. On what grounds of HRC did they turn you down.

I returned from UK. Naïvely when I filled in the HRC form I thought Ireland still abided by the reciprocal arrangement with the UK I.e. that time spent there was the same as time spent in RoI. However I now know that unilaterally Ireland has reneged on that. So at the moment Irish people can go to UK and receive all SW payments immediately whereas UK citizens (or Irish returnees) are treated as if they have just arrived here from say Romania or Lithuania.
This is still the case even after the UK's recent crackdown http://www.legislation.gov.uk/uksi/2013/3196/regulation/2/made

mrsbyrne

I definitely wouldnt approach your Appeal from the standpoint of
" well, this is what happens in the UK etc etc and if the positions were reversed and I were going to UK to care for my dad then this would happen etc etc"
You would be totally wasting your time and theirs.
What happens in another juridstiction is totally irrelevant to your Appeal.
And any mention of how Lithuanians or Romanians are treated here, in comparison to returnining Irish emigrants, would be very counter productive as it is totally irrelevant to your case and could easily be interpreted as racism
If you want your appeal to be allowed, you will have to supply plenty of evidence that you have cut all your ties with the UK, that Ireland is your centre of interest now and that you have long term plans to remain here.

paddycomeback

mrsbyrne wrote: »

I definitely wouldnt approach your Appeal from the standpoint of
" well, this is what happens in the UK etc etc and if the positions were reversed and I were going to UK to care for my dad then this would happen etc etc"
You would be totally wasting your time and theirs.
What happens in another juridstiction is totally irrelevant to your Appeal.
And any mention of how Lithuanians or Romanians are treated here, in comparison to returnining Irish emigrants, would be very counter productive as it is totally irrelevant to your case and could easily be interpreted as racism
If you want your appeal to be allowed, you will have to supply plenty of evidence that you have cut all your ties with the UK, that Ireland is your centre of interest now and that you have long term plans to remain here.

You sound like someone trying to justify the barbaric,inhuman way I have been treated. I don't think my dad will be much of a burden to you much longer if that makes you feel good about yourself.

mrsbyrne

paddycomeback wrote: »

You sound like someone trying to justify the barbaric,inhuman way I have been treated. I don't think my dad will be much of a burden to you much longer if that makes you feel good about yourself.

Posters come to State Benefits to get information and advice about their entitlements.
Ive tried to give you practical guidance on your appeal and youve decided to take up a combative position, so thats a shame. Good luck with the appeal anyway.

Francescoli

paddycomeback wrote: »

You sound like someone trying to justify the barbaric,inhuman way I have been treated. I don't think my dad will be much of a burden to you much longer if that makes you feel good about yourself.

No need to be so ignorant with someone trying to help and give you advise.
People are here to help but you aren't going to get anywhere with that type of attitude.

mp22

Closed.