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Departmental Legal Cases

Dáil Éireann Debate, Tuesday - 24 October 2023

Tuesday, 24 October 2023

Questions (359)

Robert Troy

Question:

359. Deputy Robert Troy asked the Minister for Social Protection further to the publication of the litigation management report on 7 February 2023, what further actions are required; if these actions have been approved by the Cabinet; and is there a timeframe for implementation. [46256/23]

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Written answers

Among other things, the Attorney General's report of 7 February considers the Disabled Persons Maintenance Allowance and the historical question of the legal authority to withhold payment of the allowance to persons in full-time residential care funded or part-funded by the State and litigation relating to non-payment of the allowance. The Attorney General confirms that there was no positive legal duty to make retrospective payments.

The Government decided that the matters in the report should be considered further and that the Minister for Health and I should consider the report and revert to the Government. That consideration is ongoing and I expect to be in a position to update the Government in the near future.

Question No. 360 answered with Question No. 357.
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