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Social Welfare Eligibility

Dáil Éireann Debate, Wednesday - 23 March 2022

Wednesday, 23 March 2022

Questions (130)

Bernard Durkan

Question:

130. Deputy Bernard J. Durkan asked the Minister for Social Protection the circumstances within which section 76(1)(a) of the Social Welfare (Consolidated Claims, Payment and Control) Regulations 2007 can be disregarded by a deciding officer when assessing an applicant’s medical eligibility for invalidity pension; and if she will make a statement on the matter. [15386/22]

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Written answers

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 legislation referred to relates to the definition of permanently incapable of work which forms part of the qualifying criteria for IP. The qualifying criteria for IP is set out in social welfare legislation and eligibility for the scheme is assessed in line with these provisions. A deciding officer is obliged to follow the provisions specified and has no discretion to set aside these legislative requirements when determining entitlement to IP.

I trust this clarifies the matter for the Deputy.

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