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Dáil Éireann debate -
Tuesday, 26 Mar 2002

Vol. 551 No. 2

Written Answers. - Social Welfare Benefits.

Bernard J. Durkan

Question:

379 Mr. Durkan asked the Minister for Social, Community and Family Affairs if a person (details supplied) in County Kildare qualifies for disability allowance in view of their health state; and if he will make a statement on the matter. [10002/02]

The person concerned applied for disability allowance on 30 March 2001. The principal conditions for receipt of disability allowance are that the medical eligibility criteria are met and that the means test which applies is satisfied. While she satisfied the medical criteria for award of disability allowance the means of the person concerned, which were derived from her partner's self employment, were in excess of the statutory limit. Accordingly her claim was refused. She appealed this decision but the appeals officer upheld the original decision. An appeals officer's decision is final and conclusive in the absence of any fresh facts or evidence. If there has been a change in her circumstances in the meantime her entitlement will be reviewed.

Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in making such decisions.

Michael Ring

Question:

380 Mr. Ring asked the Minister for Social, Community and Family Affairs the reason a person (details supplied) in County Mayo in receipt of disability benefit is not able to claim for their two children who are both in third level education. [10059/02]

Where a parent is receiving a pension or other long-term payment from my Department, a child dependant allowance, in respect of each child, is payable up to age 22 or up to the end of the academic year after the 22nd birthday where the young person remains in full-time education. In the case of short-term payments, such as disability benefit, child dependant allowances are paid up to age 18.

The person concerned is currently in receipt of disability benefit which includes a child dependant increase in respect of two dependent children, under age 18. The person concerned is not entitled to a further increase as the two children in third level education are over age 18.
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