Social welfare legislation provides that, for social assistance schemes, 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. Disability allowance (DA) is a statutory means-tested payment and the provisions governing the assessment of means are set out in legislation. When deciding on entitlement of DA, a deciding officer has no discretion regarding the application of this legislation.
A review of this lady's disability allowance (DA) was carried out and it was established that the person concerned had means from capital. DA is a means tested scheme and the way means are assessed is laid down in social welfare legislation. The person concerned was notified of this decision on 15 November 2019.
The person concerned has been requested to furnish up to date details regarding their means and circumstances. On receipt of this information a review will be carried out and she will be notified of the outcome directly in writing.
I trust this clarifies the matter for the Deputy.