Dáil Éireann Debate, Monday - 11 September 2023
1025. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an application for disability allowance in the case of a person (details supplied); if basic supplementary welfare is currently in payment given his pending appeal and ill health; and if she will make a statement on the matter. [38253/23]
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 2 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 9 February 2023, and they were given the right to a review or an appeal.
Further medical evidence and a valid Stamp 4 permission were received. While the HRC condition was 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. They were also given the right to request a review or to appeal the decision to the independent Social Welfare Appeals Office (SWAO).
The person concerned lodged an appeal with the SWAO. This appeal was registered in the Appeals Office on 19 May 2023. An Appeals Officer will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing. The person concerned will be notified directly in writing of the outcome of the appeal.
I can confirm that this individual currently receives a weekly Basic Supplementary Welfare Allowance payment.
I trust this clarifies the matter for the Deputy.
