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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 18 April 2023

Tuesday, 18 April 2023

Questions (940)

Michael Collins

Question:

940. Deputy Michael Collins asked the Minister for Social Protection the reason a person (details supplied) was refused a disability allowance; if the case will be reviewed; and if she will make a statement on the matter. [17883/23]

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Written answers

Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 years 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 15 September 2022. Based on the evidence supplied in support of this application, it was disallowed on the grounds that the person concerned failed to provide sufficient information enabling the Deciding Officer (DO) to determine if her means exceed the statutory maximum allowed under the DA Scheme. The person in question failed to provide information requested by the Social Welfare Inspector (SWI) on 17 October 2022. In addition, no decision has been made on the person concerned habitual residence as the above information remained outstanding.

The person concerned was notified in writing of this decision on 23 November 2022, and they were given the right to a review or an appeal.

An appeal was lodged with the independent Social Welfare Appeals Office (SWAO). On 5 April 2023, the SWAO notified the DA section that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the SWAO regarding their appeal.

An Appeals Officer’s decision is final and conclusive in absence of any fresh facts or evidence. It is open to the person in question to reapply for DA, providing all the information required to complete an application. A DA application form has been posted to the person concerned on 11 April 2023.

I trust this clarifies the matter for the Deputy.

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