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Social Welfare Benefits

Dáil Éireann Debate, Thursday - 18 April 2024

Thursday, 18 April 2024

Questions (237)

Bernard Durkan

Question:

237. Deputy Bernard J. Durkan asked the Minister for Social Protection the reason adequate consideration was not given to the application for disability allowance in the case of a person (details supplied) given the history of continuous domestic abuse resulting in homelessness and the need to allow a period of rehabilitation in order to restore their health; if disability allowance or a similar payment might be awarded given that they cannot return to work due to their child’s special needs and the aforementioned issues; and if she will make a statement on the matter. [17263/24]

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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 12 October 2023.  As their initial application did not contain all the information required to determine eligibility for DA, a request for further information was sent to the person concerned on 23 October 2023.  An information request allows the person 21 days to provide the required information in order to determine their eligibility for DA. 

As the person concerned failed to supply the requested information, their means could not be determined.  Based on the evidence supplied with the person’s application, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied and failure to provide sufficient information in order to determined that their weekly means do not exceed the statutory maximum allowed. 

The person concerned was notified of the decision in writing on 31 January 2024 and advised of their entitlement to request a review or to appeal the decision to the Social Welfare Appeals Office (SWAO).  They were also reminded of the outstanding documents required to determine means.

The person concerned supplied further information on 21 February 2024.  Based on the additional evidence supplied, their application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied.  The person concerned was notified in writing of this decision on 13 March 2023, and they were given the right to a review or an appeal.

No request for review or appeal has been received since this date.  If the person concerned wishes to submit further medical evidence, my department will undertake a review of this and will revert to them with a decision.

If the person concerned is caring for a child with additional needs, they may be eligible for receipt of Carers Allowance and/or Domiciliary Care Allowance if they meet the scheme conditions.

Carer's allowance (CA) is a means-tested social assistance payment made to a person who is habitually resident in the State and who is providing full-time care and attention to a child or an adult who has such a disability that as a result they require that level of care.

Domiciliary Care Allowance (DCA) is a monthly allowance payable in respect of a child aged under 16, who has a severe disability and requires continual or continuous care and attention in the home, substantially over and above the care and attention normally required by a child of the same age and the child must be likely to require this level of care for at least 12 months.  DCA can be claimed in conjunction with this individual's current welfare payment. 

Application forms for CA and DCA have been sent to directly to the person concerned.

I trust this clarifies the matter for the Deputy.

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