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Social Welfare Benefits

Dáil Éireann Debate, Thursday - 27 April 2023

Thursday, 27 April 2023

Questions (307)

Bernard Durkan

Question:

307. Deputy Bernard J. Durkan asked the Minister for Social Protection if an application for illness benefit in the case of a person (details supplied) will be referred for an oral hearing given the history of illness in the case; and if she will make a statement on the matter. [20175/23]

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 confirm that my Department received an application for DA from the person concerned on 2 December 2022. Based on the evidence supplied in support of this person’s application, his application was disallowed on the grounds that both the medical qualifying condition was not satisfied and he did not satisfy the conditions of being habitually resident in the state. The person concerned was notified in writing of this decision on 9 February 2023, and was given the right to a review or an appeal.

Further medical evidence and a valid Stamp 4 were received. While the HRC conditions were deemed to be 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 of this decision on 29 March 2023 and was given the right to request a review or to appeal the decision to the independent Social Welfare Appeals Office (SWAO).

I can confirm that no request for a review or an appeal has been received to date.

An appeal request can be submitted to the SWAO in writing, outlining their reason for an appeal and by submitting additional supporting documentation to support their application.

Details of the SWAO are as follows:

Social Welfare Appeals Office, FREEPOST, D’Olier House, D’Olier Street, Dublin 2, DX2 XY31 or by email to: swappeals@welfare.ie.

I trust this clarifies the matter for the Deputy.

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