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Social Welfare Code

Dáil Éireann Debate, Wednesday - 7 February 2024

Wednesday, 7 February 2024

Questions (297)

Patrick Costello

Question:

297. Deputy Patrick Costello asked the Minister for Social Protection if she will consider allowing persons in receipt of disability allowance to not take into account the cost of their monthly rent when doing disability allowance means test assessment; and if she will make a statement on the matter. [5034/24]

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.

DA is a means tested scheme and the way means are assessed is laid down in social welfare legislation.  I can confirm that rent is not allowed as a disregard from a means assessment for DA, except in cases where maintenance is paid.

The full amount of any maintenance received by a DA recipient, in the form of cash payments and/or in-kind benefit of direct payment of rent to landlords, is assessed means, minus the maximum weekly disregard of €95.23 per week.  This applies regardless of the form of housing/rent assistance payments the customer receives i.e. a Rent Supplement payment or a Housing Assistance Payment (HAP)

It is the person’s actual out of pocket contribution towards the rent that is disregarded from the means test, up to the maximum weekly amount of €95.23.  For example, where a person pays €35 per week to the Council under the HAP scheme as their contribution towards rent, that is the weekly amount disregarded from the means test.

My Department is committed to providing a quality service to all its customers and continues to keep the range of income and employment supports under review.  Any proposed changes to the supports provided must also be considered in an overall budgetary context.

A Green Paper on Disability Reform was published in September, to begin the conversation about improving these supports and further addressing the cost of disability.  

The aim of the Green Paper is two-fold.  First, it seeks to better insulate disabled people who cannot work from poverty by providing for higher rates of payment.  Second, it seeks to support and encourage a higher level of employment for people with disabilities by tailoring the provision of employment supports to suit a person’s capabilities.

I encourage all those with an interest to express their views in our public consultation by making a submission in writing or by video.  It is essential that we hear from as many disabled people and representatives as possible.  I have extended the consultation period until 15 March 2024 to ensure everyone has adequate time to make a submission.

If there is a particular DA case that the Deputy would like to be reviewed, officials from my Department will conduct a review.

I trust this clarifies the matter for the Deputy.

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