Dáil Éireann Debate, Wednesday - 18 January 2023
924. Deputy Peadar Tóibín asked the Minister for Social Protection if she will provide clarification under the criteria for disability allowance of the term "substantially" restricted due to one’s disability from doing work under the criteria for disability allowance; the way the criteria for being "substantially" restricted are determined when assessing an application; and if she will make a statement on the matter. [2129/23]
View answerTo qualify for a Disability Allowance (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
On Disability Allowance, the term ‘substantially restricted’ to carry out suitable employment depends on several factors, namely age, experience, and qualifications. The impairment arising from the medical condition(s) is assessed for functional limitations (disability). In turn, the functional limitations are assessed against the person’s age, experience, and qualifications for suitable employment.
It is the functional limitations that are being assessed, not merely the diagnosis(es).
Therefore, if a DO is not satisfied that a person is, by reason of a disability, substantially restricted in taking up his/her last employment, the DO will then have to decide whether they are substantially restricted in taking up suitable employment having regard to the person’s age, employment history and educational qualifications.
In some cases, a person may have no work history or work experience. These cases will have to be decided without reference to work experience and will have to be decided by reference to the likely impact of their condition on employment prospects.
There is an obligation on the customer to produce sufficient facts/evidence to make the case that s/he qualifies for the scheme in question. If the customer has not provided enough evidence, and the Medical Accessor’s ( MA)‘s opinion is that the employment test is not satisfied, it is open to the DO to decide that, in weighing up the evidence on file, the person has not shown that they qualify for the payment.
Any unfavourable decision of a Deciding Officer must be communicated in writing to the claimant setting out the reasons for the decision.
It is open to any person to request a review of any statutory decision made by the Department and any new evidence or information provided to the Department will be considered as part of this review.
It is important to note that any decision of a deciding officer can be revised in light of additional evidence without it ever being in the appeal process. This can result in several reviews being carried out on a single application and by extension multiple decisions being made on a single application.
Under the provisions of Section 311 of the Social Welfare Consolidation Act, 2005 if a person is dissatisfied with a statutory decision of the Department including the outcome of a review, they can submit a request for an independent appeal of the decision to the Social Welfare Appeals Office.
I trust this clarifies the position for the Deputy.
