Dáil Éireann Debate, Tuesday - 14 June 2022
1130. Deputy Paul McAuliffe asked the Minister for Social Protection if she will review the refusal of disability allowance of a person (details supplied); if the inability to take up work was appropriately decided given the age of the applicant; and the areas of work available to them.; and if she will make a statement on the matter. [30088/22]
Amharc ar fhreagraThe person concerned submitted an application for disability allowance (DA) on 10 January 2022.
The question before the Deciding Officer (DO) is whether the person is substantially restricted in accessing “employment…..of a kind which, if the person was not suffering from that disability, would be suited to that person’s age, experience and qualifications”.
Therefore, if a DO is not satisfied that a person is by reason of a disability substantially restricted in taking up any employment, the DO will then have to decide whether they are substantially restricted in taking up suitable employment having regard to the person’s age, employment history and educational qualifications.
This person's application, based upon all the evidence submitted, was refused on medical grounds as it was not found that he was substantially restricted in taking up employment. The person concerned was notified in writing of this decision on 03 February 2022.
An appeal was lodged with the independent social welfare appeals office (SWAO). On 10 May 2022 the SWAO notified us that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the SWAO regarding their appeal.
An Appeal Officer’s decision is final and conclusive in the absence of any fresh facts or evidence. It is open to the person in question to reapply for DA.
I trust this clarifies the matter for the Deputy.
