Dáil Éireann Debate, Tuesday - 13 February 2024
441. Deputy Cormac Devlin asked the Minister for Social Protection if she is aware of an issue in relation to a payment to a person (details supplied); if she will ask her officials to review the situation; and if she will make a statement on the matter. [6252/24]
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.
This individual was in receipt of Illness Benefit for one year from 6 July 2022 and this ceased payment in July 2023. I confirm that my Department originally received an application for DA from the person concerned on 6 October 2022.
Based on the evidence supplied in support of this person’s application, their application for DA was disallowed as their means were in excess of the statutory limit allowed for receipt of DA. The person concerned was notified in writing of this decision on 16 July 2022 and was also notified of their right to request a review of this decision or to appeal it to the Social Welfare Appeals Office (SWAO).
On 30 December 2022, further evidence was received and a review of this decision was carried out. The original decision was upheld, and the person concerned was notified in writing of this decision on 25 January 2023 and was also notified of their right to request a review of this decision or to appeal it to the SWAO.
On 27 February 2023, further evidence was received and a review of this decision was carried out. The original decision was upheld, and the person concerned was notified in writing of this decision on 14 March 2023 and was also notified of their right to request a review of this decision or to appeal it to the SWAO.
The person concerned appealed that decision to the Social Welfare Appeals Office (SWAO) on 26 April 2023. Having examined this case, the Appeals Officer upheld the Department’s decision and the person concerned was notified of the outcome in writing on16 August 2023
An Appeal Officer’s decision is final and conclusive in the absence of any fresh facts or evidence. The person concerned subsequently submitted a Section 317 review request to the Appeals Office decision on 14 September 2023. The SWAO will notify the person concerned directly regarding the outcome of their Section 317 review. In the meantime, the person concerned can apply to the Community Welfare Officer for the means tested Supplementary Welfare Allowance (SWA) if they are in need of financial assistance, while awaiting the outcome of their application.
I trust this clarifies the matter for the Deputy.
