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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 14 May 2024

Tuesday, 14 May 2024

Ceisteanna (421)

Bernard Durkan

Ceist:

421. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review can be undertaken into the recent decision to offer a reduced rate of disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [21731/24]

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Freagraí scríofa

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. A disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and Habitual Residency conditions.

I confirm that my Department received an application for DA from the person concerned on 17 January 2024. The person concerned has been awarded DA with effect from 20 March 2024 and the first payment was made by their chosen payment method on 24 April 2024. They were notified of this decision in writing on 30 April 2024 and were given the right to review and or appeal this decision.

Their DA payment was not backdated to the date of the receipt of the application, as it was more financially beneficial to them to retain their higher rate of Illness Benefit for that period.

Means have been calculated based on their spouse’s employment earnings and after allowable disregards were applied. They have been assessed with means of €353.76. This results in a weekly DA payment of €38.50. Arrears of payment due from 20 March 2024 to 23 April 2024 have issued to the person concerned.

The person concerned subsequently sought an appeal of the decision dated 30 April 2024, by way of an email dated 9 May 2024. This request for an appeal in her case was forwarded immediately to the Social Welfare Appeals Office. The Social Welfare Appeals Office will write directly to the person concerned once an appeal has been opened in her case.

Following a review of the means, it was found that the disregard for Union Fees paid should also be applied in this case. This resulted in an amended means of €350.76 and their weekly payment increased to €41.00 with effect from the 20 March 2024. Arrears from 20 March 2024 to 23 April 2024 have been issued to the person concerned. The person concerned was notified of this decision in writing on 10 May 2024 and of their right to request a review or appeal of this decision.

I trust this clarifies the matter for the Deputy.

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