Cormac Devlin
Question:404. Deputy Cormac Devlin asked the Minister for Social Protection if she is aware of the case of a person (details supplied); and if she will make a statement on the matter. [21358/24]
View answerTuesday, 14 May 2024
Questions (404)
Written answers
I have been advised that my Department received an application for Disability Allowance from the person concerned on 28 December 2023. To qualify for a Disability Allowance payment a person must: be substantially restricted in undertaking suitable employment, be aged between 16 and 66, satisfy a means test and be habitually resident in the State. Based on the supporting evidence supplied the application was disallowed on the grounds that the medical qualifying condition for the scheme was not satisfied.
For the purposes of Disability Allowance, the term ‘substantially restricted’ in undertaking suitable employment depends on several factors, namely age, experience, and qualifications. The impairment arising from the medical condition(s) is assessed for functional limitations. In turn, the functional limitations are assessed against the person’s age, experience, and qualifications for suitable employment. The person concerned was notified in writing of this decision on 05 April 2024, and they were given the right to a review or an appeal.
I have been advised by the Social Welfare Appeals Office that an appeal of this decision has only recently been received by the office. Once the appeal is registered the person concerned will be notified, and the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought, which is a statutory requirement of the appeals process. When these papers are received from the Department the case will be assigned to an Appeals Officer, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.