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Social Welfare Appeals

Dáil Éireann Debate, Thursday - 20 October 2022

Thursday, 20 October 2022

Ceisteanna (280)

Bernard Durkan

Ceist:

280. Deputy Bernard J. Durkan asked the Minister for Social Protection the current position in regard to disability entitlement in the case of a person (details supplied); and if she will make a statement on the matter. [52654/22]

Amharc ar fhreagra

Freagraí scríofa

The individual concerned has been in receipt of Disability Allowance (DA) since 2016.

I can confirm that the Department received a phone call from the person concerned on 16 June 2021 notifying a change in their circumstances. Following the resultant review of their DA claim, the person concerned was notified on 16 July 2021 that their entitlement would cease with effect from 21 July 2021. Based on the information provided by the person, their means were in excess of the statutory limit for DA under section 210 and 302(b) of the 2005 Social Welfare Consolidation Act. The person concerned was notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

The person concerned requested a review of this decision on 17 November 2021 and following a review, it was found that their means had decreased from 15 December 2021 and their payment was reinstated. A letter notifying the person of this decision issued on 23 February 2022 and arrears of payment due were issued. The person concerned was notified of their right to request a review of this decision or to appeal it to the SWAO.

The person concerned requested a review of the decision dated 23 February 2022 and following a review it was found that there had been a subsequent increase in their means and the rate of payment was reduced accordingly. The person concerned was notified in writing of this decision on 18 July 2022 and was also notified of their right to request a review of this decision or to appeal it to the independent SWAO.

An appeal was lodged with the SWAO. However, as part of the ongoing appeal, further information was required, and the person concerned was written to on 11 October 2022. To date, no reply has been received. Once the information has been received and reviewed, the SWAO will be in touch with the person in due course in relation to the progress of the appeal.

I trust this clarifies the matter for the deputy.

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