Dáil Éireann Debate, Thursday - 30 March 2023
210. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal and review of a decision to refuse disability allowance in the case of a person (details supplied) can be facilitated; and if she will make a statement on the matter. [16036/23]
View answerDisability 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 confirm that my Department received an application for DA from the person concerned on 02 December 2022.
Based on the evidence supplied in support of this person’s application, his application for DA was disallowed on the grounds that both the medical qualifying condition was not satisfied and they did not satisfy the conditions of being habitually resident in the state.
The person concerned was notified in writing of this decision on 09 February 2023, and they were given the right to a review or an appeal.
Further medical evidence (FME) and a valid Stamp 4 in respect of habitual residence conditions (HRC) were received. Whilst the HRC conditions were met, the person concerned was disallowed on the grounds that the medical qualifying condition was still not satisfied. The person concerned was notified in writing on 15 March 2023.
A review of the decision of 15 March 2023 in relation to not satisfying the medical qualifying conditions was carried out. The original decision was upheld, and the person concerned was notified in writing on this decision on 29 March 2023 and they were given the right to a review or an appeal.
It is open to the person in question to reapply for DA or request a review or an appeal of the decision of 29 March 2023 to the independent Social Welfare Appeals Office (SWAO).
I trust this clarifies the matter for the Deputy.
