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Social Welfare Eligibility

Dáil Éireann Debate, Wednesday - 18 January 2023

Wednesday, 18 January 2023

Questions (917)

Pearse Doherty

Question:

917. Deputy Pearse Doherty asked the Minister for Social Protection when a decision will be made for the disability allowance review of a person (details supplied); the reason for the delay; and if she will make a statement on the matter. [1912/23]

View answer

Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66. This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions

I can confirm that my department received an application for disability allowance from the person concerned on 01 February 2022.

A means assessment has determined that the means of the person concerned exceed the statutory maximum allowed under the DA scheme. A letter notifying the person concerned issued on 23 March 2022.

An appeal was lodged with the independent Social Welfare Appeals Office (SWAO) on 04 May 2022. This was subsequently withdrawn as the claim of the person concerned was reviewed on 05 May 2022. Following a successful review outcome, the person concerned has been awarded disability allowance with effect from 02 February 2022.

The person concerned was notified in writing of this decision on 05 May 2022. The first payment was made by their chosen payment method on 11 May 2022 which included Arrears of Payment due from 02 February 2022 to 10 May 2022.

The DA section of my Department received a notification on 25 May 2022 that the person concerned was not living alone. On foot of this notification, the person's Living Alone Allowance (LAA) was stopped from 07 June 2022. Due to a departmental error, a letter of communication notifying the person concerned did not issue to him at that time.

I can confirm that a letter issued to the home address of the person concerned on 16 January 2023 advising him of this decision and of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

The person concerned did not receive any payment from 07 June 2022, as his net weekly means were assessed at €236.67. His means on 07 June 2022 are in excess of the statutory limit of €230 (Personal Rate of €208.00 plus increase for living on an island allowance of €22.00). This was a consequence of the person in question LAA being stopped.

All disability allowance claims are subject to reviews. The DA claim of the person concerned was referred to a Social Welfare Inspector (SWI) on 24 October 2022 for a report on the person’s means and circumstances.

The SWI is currently carrying out an Urgent assessment on the claim. An information request letter issued to the person concerned on 12 January 2023 from the SWI as part of a means review into his continued entitlement to DA.

Once the SWI has submitted his/her report, a decision will be made on the application as quickly as possible and the person concerned will be notified directly of the outcome.

I trust this clarifies the matter for the deputy.

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