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Social Welfare Payments

Dáil Éireann Debate, Tuesday - 24 October 2023

Tuesday, 24 October 2023

Questions (366)

Mick Barry

Question:

366. Deputy Mick Barry asked the Minister for Social Protection the reason a person’s disability allowance was cut off (details supplied); the reason there is no record of their subsequent appeal; and if she will make a statement on the matter. [46443/23]

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 7 May 2021. Based on the evidence supplied in support of this application, their application for DA was disallowed on the grounds that the medical qualifying condition for the scheme was not satisfied.

The person concerned was notified in writing of this decision on 8 July 2021, and they were given the right to a review or an appeal.

I am informed by the Social Welfare Appeals Office that, following a check on their systems, there is no record of an appeal from the person concerned being received in that Office. In accordance with the relevant legislation, an appeal against a decision of a deciding officer must be made within 21 days of the decision being notified. The Appeals Office have no record of the person concerned having previously contacted the Office in relation to any such appeal. Given the significant time that has elapsed since the date of the decision, it is not possible for the Appeals Office to accept an appeal in this case unless the person has any further evidence of having submitted the appeal within the statutory timeframe.

The person concerned may request a review, from the DA section of my Department, of the 2021 decision on her claim in light of any new facts or circumstances that would have been relevant to the original decision.

I trust this clarifies the matter for the Deputy.

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