Cormac Devlin
Question:356. Deputy Cormac Devlin asked the Minister for Social Protection if her attention has been drawn to the case of a person (details supplied); and if she will make a statement on the matter. [43047/20]
View answerTuesday, 15 December 2020
Questions (356)
Written answers
The person concerned was in receipt of disability allowance (DA) from 31 May 2017. An increase for a qualified adult (IQA) application was received from the person concerned on 31 October 2019.
Following a review of his entitlement, DA was disallowed with effect from 11 December 2019 as he was deemed to have means in excess of the statutory limit for his circumstances and he was informed of this decision on 20 January 2020. He was also advised of the option to request a review and of his right to appeal the decision to the Social Welfare Appeals Office (SWAO). No request for an appeal or review of his means has been received from the person concerned.
To qualify for a 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.
Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.
The Department received a claim for IP for the person concerned on 27 January 2020. He was refused IP on the grounds that the medical conditions for the scheme were not satisfied as he was engaged in employment. He was notified on 10 March 2020 of this decision, the reasons for it and of his right of review and appeal. However, no review request or appeal was received from the person concerned.
It is open to the person concerned to re-apply for IP at any time if he is unfit for work.
I trust this clarifies the matter for the Deputy.