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Disability Allowance Appeals

Dáil Éireann Debate, Tuesday - 29 January 2013

Tuesday, 29 January 2013

Questions (468)

Bernard Durkan

Question:

468. Deputy Bernard J. Durkan asked the Minister for Social Protection the basis on which it was determined that an overpayment of disability allowance was made in the case of a person (details supplied) in County Kildare; when the decision was conveyed to the applicant; when the notice of appeal was received by her Department; the reason the appeal was refused and the date of same; the way notice of appeal refusal was conveyed to the applicant; and if she will make a statement on the matter. [4532/13]

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Written answers

In August 2012, following a review of the person’s disability allowance claim it was found that the person had failed to disclose his means from self-employment. As a result it was decided that the person had no entitlement to disability allowance from 8 April 2009 to 2 May 2012. His payment was stopped and he was assessed with an overpayment of €63,206.30. The person was notified in writing of this decision on 14 August 2012 and of his right of appeal to the Social Welfare Appeals Office. The person did not submit an appeal.

A letter issued to the person advising him of the amount due to the Department and enclosing an information leaflet on the recovery of social welfare overpayments and the method proposed to recover the debt. The person was given the right to comment on the method of recovery. A representation was received from you on 18 October 2012 stating that the person in question now wished to question the basis of the revised decision to disallow his disability allowance from April 2009. Although the statutory time limit for an appeal has, in this case, expired, the Social Welfare Appeals Office (SWAO) has agreed to open an appeal on the person’s behalf. The SWAO will be in touch with the person in question regarding the appeal.

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