# Back to work allowance.



## celticsteven (19 Nov 2007)

Hi people i have a quick question. I broke a small bone in my back in August 2001 and suffered quite badly, roughly March 2002 i went back to work in the same trade as a bricklayer but this was short lived i was back out of work by july 2002 my back had gone again i had returned to work too soon. Since July 2002 till September 2007 i was out of work severly injured the same bone in my back refused to heal and i had small bone fragments floating around. To cut a long story short i had to give up my trade as a brickie. I returned to work in September this year driving a Van for a large company the money is very poor for the 1st 6 months and i applied for the Back to Work scheme immediatly but was refused for not qualifiying the amount of time i was out of work, i have appleaed and told them basically the same story i have told you but have heard nothing in 6 weeks.

Some facts about me i'm 29 married 2 children living in a council house.

I never claimed any benefits till my accident always worked from the time of leaving school.

Since 2001-2002 i have been on injury benefit, disability benefit, and all sorts of different payments including supplementry allowence.

My rough payment claiming for the 2 chlidren and wife was 350euro weekly

I currently earn about 100 euro more than this but after 6 months things will improve but the main thing is i am just happy to be back working.

Have also applied for Fis.

Can anyone answer my question do i qualify for back to work allowence??

Any questions please ask

Thank you in advance Stephen


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## ClubMan (20 Nov 2007)

celticsteven said:


> Can anyone answer my question do i qualify for back to work allowence??


Have you read this?

*Who can qualify for the allowance?*


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## celticsteven (20 Nov 2007)

Yes cheers clubman, i read it and i thought i qualified but they still refused me and am waiting 6 weeks for a reply to an appeal. Strange reading the other post about the member who wants to travel to India only has to be out of work for 2 years to qualify and i break my back and take 5 years to recover and might not qualify strange one???


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## Jody (20 Nov 2007)

I have been researching this topic recently myself and would have thought you qualified ??? the best of luck with the appeal and I will keep an eye out for your result


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## ClubMan (20 Nov 2007)

celticsteven said:


> Yes cheers clubman, i read it and i thought i qualified but they still refused me and am waiting 6 weeks for a reply to an appeal.


I seem to recall that they have some process whereby you can query or complain about tardy responses to appeals. Check out their website for more on this in case you need to escalate/expedite the issue.


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## deew (21 Nov 2007)

Hi, I know of someone who had to go for a medical in June, got result in July (not in their favour )appealed again (2nd Medical  not in their favour). that leaves them with one last option of appealing ,which they did and up to yesterday , have still not been given an appointment! so its going on nearly 5 months! they have been in regular contact with the dept,and they just say,its in the pipeline..
Someone else I know put in a complaint in June and only got a reply in November. Its mad out there..
Deew


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## ClubMan (21 Nov 2007)

Any use?

*Customer Charter
** Customer Action Plan 2004 - 2007
**Comments? Complaints? We Value Your Opinion*


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## busymam (21 Nov 2007)

Only certain social welfare schemes are appealable. They have to be statutory and Back To Work Allowance is a non-statutory scheme (it's administrative).

http://www.socialwelfareappeals.ie/foipage.html look at Appendix B.

However the OP should ask for the original decision to be reviewed and explain again that he was getting a qualifying payment. Have a look here 
http://www.welfare.ie/foi/btw_all.html#part3

*Requests for Review of Entitlement:*

As this is a non-statutory scheme there is no appeal to an Appeals Officer appointed under the Social Welfare Acts.
*Form SWAO1 should NOT be used for this purpose.*
On receipt of new or additional information, an Officer of the Department may make a revised decision.
Where a person is not satisfied with the decision s/he may request a _REVIEW OF ENTITLEMENT._ The result will be determined an officer of a higher grade.

Steven - a question - is your wife working? The reason for asking is that a person has to have an underlying entitlement to Jobseeker's Allowance at a certain rate [€50.79 (single person) or €78.72 (if married or cohabiting)] to qualify for Back To Work Allowance.

Hope this helps


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## ClubMan (21 Nov 2007)

busymam said:


> Back To Work Allowance is a non-statutory scheme (it's legislative).


Sorry - can you explain the difference between statutory and legislative? I thought that statutory meant by statute (i.e. law) so legislative was the same thing?!


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## busymam (21 Nov 2007)

My understanding (very basic) is that a non-statutory social welfare scheme is administered by the Minister of Social and Family Affairs and changes can be made at short notice whereas a statutory scheme is covered by the relevant Social Welfare Act and has to be passed through the Oireachtas.

Perhaps somebody with a legal background can explain the diffierences in greater detail or correct this if I am wrong.


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## celticsteven (22 Nov 2007)

Wow thanks for all the reply guys..

Well got a letter this morning and once again refused. The reasion they give is i was on disability only for 2 years 9 months and not 3 years, but the part i can't for the love of me work out is i was on 1 payment or another for 5 and a half years., Yet you only have to be unemployed for 2 years to recieve it.

So in Dublin's man language " if you sit on your This post will be deleted if not edited to remove bad language for 2 years we will give you the btwa no problem, but if you have paid your stamps and taxes since leaving school and happen to break your back and spend 5 and a half years in and out of wheelchairs and hospitals tough your not entitled to it" this country makes me sick. Sometimes it makes me feel ashamed to call myself an Irishman we are treated like dirth.

Well i can appeal again but is there much point also is there anywhere higher i can take this because i'm not letting it go.


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## ClubMan (22 Nov 2007)

Please keep rants to _Letting Off Steam _when you have enough privileges to post there.


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## Welfarite (27 Nov 2007)

celticsteven said:


> The reasion they give is i was on disability only for 2 years 9 months and not 3 years, but the part i can't for the love of me work out is i was on 1 payment or another for 5 and a half years.


 

What payments were you on in the three years before you went on Illness Benefit?

Some payments could link: see http://www.welfare.ie/foi/btw_all.html


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## Thrifty (27 Nov 2007)

Celticsteven - if you appealed and it was turned down enquire about the next stage and at the same time request the decision is reviewed - don't give up yet. Ensure that any appeal /request for review addresses the issue that was the reason for the refusal. Be very civil in the letter - explain your situation - ask them to consider this new information you have provided. List and point out why you feel you are entitled - put that you look forward to hearing from them shortly at the end etc. You have to approch it in a kindof strategic way. The CIC may be able to assist you but you have nothing to lose by writing another letter.


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## Welfarite (27 Nov 2007)

As this is a statutory scheme, adn as already pointed out, there is no appeal. The only way the decision will be revised in your favour is by proving that you do indeed fulfill the conditions, i.e. be on a qualifying payment for the required length of time. 

You say you were on different payments since 2001/2002 but then say they turned you down because you were only claiming IB for 2 years and 9 months. How is this?


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## celticsteven (28 Nov 2007)

Sorted and approved thanks to a very helpful member. Lazy people in carrick-on-shannon not doing their job correctly


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