Following a review of the entitlement to disability allowance (DA) of this lady, payment stopped as she was deemed to have means in excess of the statutory limit. Notification of this decision issued to her on 22 February 2017. She was also advised of her right to seek a review and/or appeal that decision. To date no such request has been received.
DA is a means tested scheme and the way means are assessed is laid down in social welfare legislation. In summary any income, with some exceptions, belonging to the person and his/her spouse, partner or co-habitant is assessable as means for disability allowance purposes. It is the nature of means tested schemes that there is no entitlement to a payment once means exceed a given amount. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means.
I trust this clarifies the matter for the Deputy.