Written answers
Tuesday, 24 October 2023
Department of Employment Affairs and Social Protection
Departmental Legal Cases
Robert Troy (Longford-Westmeath, Fianna Fail)
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359. To ask the Minister for Employment Affairs and Social Protection further to the publication of the litigation management report on 7 February 2023, what further actions are required; if these actions have been approved by the Cabinet; and is there a timeframe for implementation. [46256/23]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Among other things, the Attorney General's report of 7 February considers the Disabled Persons Maintenance Allowance and the historical question of the legal authority to withhold payment of the allowance to persons in full-time residential care funded or part-funded by the State and litigation relating to non-payment of the allowance. The Attorney General confirms that there was no positive legal duty to make retrospective payments.
The Government decided that the matters in the report should be considered further and that the Minister for Health and I should consider the report and revert to the Government. That consideration is ongoing and I expect to be in a position to update the Government in the near future.
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