Robert Troy
Question:506. Deputy Robert Troy asked the Minister for Social Protection the reason a person (details supplied) cannot qualify for a disability payment or an invalidity pension. [34833/20]
View answerTuesday, 10 November 2020
Questions (506)
Written answers
To qualify for a Disability Allowance (DA) payment a person must: be substantially restricted in undertaking suitable employment; be aged between 16 and 66; satisfy a means test; and be habitually resident in the State.
Social welfare legislation provides that, for DA, all income and capital (such as savings, investments and property other than the family home) belonging to the claimant and his or her spouse/partner, where applicable, are assessable for means assessment purposes.
This gentleman submitted an application for DA on 28 May 2019. The application, based upon the evidence submitted, was refused on the grounds that he had means in excess of the statutory limit. He was notified in writing of this decision on 20 August 2019. The person concerned was also notified of his right to a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO). No request for an appeal or review has been received.
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions.
The department received a claim for IP for the gentleman concerned on 28 September 2020. The claim was refused on the grounds that the medical conditions for the scheme were not satisfied. He was notified on 02 November 2020 of this decision, the reasons for it and of his right of review and appeal.
The medical eligibility criteria for DA and for IP are not the same. To qualify for DA, a person must, amongst other things, be considered to be substantially restricted in undertaking employment suitable to his/her age, qualifications and experience. The medical eligibility criteria for IP specify that the person must be permanently incapable of work because of illness or incapacity. Based on the evidence submitted in support of both applications, the person concerned satisfies the medical condition for DA but does not satisfy it for IP.
When deciding on entitlement to DA and IP, a deciding officer has no discretion regarding the application of this legislation.
I trust this clarifies the matter for the deputy.