Wednesday, 20 January 2021

Questions (346)

Aengus Ó Snodaigh


346. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the status of a disability allowance appeal by a person (details supplied); and when they can expect a decision on their case. [2539/21]

View answer

Written answers (Question to Social)

Following a review of the entitlement of the person concerned, disability allowance (DA) was disallowed with effect from 3 April 2019 as she was deemed to have means in excess of the statutory limit for her circumstances. The person concerned was notified in writing of this decision on 29 March 2019 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

A review of the decision was requested and was carried out on 2 July 2019. The original decision remained unchanged and the person concerned was notified in writing.

An appeal was lodged with the independent SWAO. On 4 October 2019 the SWAO notified the Department that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the SWAO regarding their appeal.

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.

To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their claim. Only PRSI classes A, E, H or S contributions are reckonable for IP purposes.

A claim for IP was received from the person concerned on 3 December 2020. Her claim was disallowed on the grounds that the contribution conditions for the scheme were not satisfied. Specifically, she does not have the required 260 contributions paid since she entered social insurance. She was notified on 5 January 2021 of this decision, the reason for it and of her right of review and appeal.

I trust this clarifies the matter for the deputy.