Tim O'Malley (Limerick East, Progressive Democrats)

I am taking this Adjournment debate on behalf of my colleague the Minister for Social and Family Affairs, Deputy Brennan. To qualify for a blind pension from my Department, a claimant must satisfy a number of conditions. She or he must be aged 18 years of age or over and must be so blind that she or he either cannot perform any work for which eyesight is essential or cannot continue in his or her ordinary occupation. In addition, the claimant must satisfy a means test and must reside in the State while in receipt of the pension. However, if a person in this State receives a blind pension and he or she goes to reside in Northern Ireland, there is provision in legislation, section 249(7) of the Social Welfare (Consolidation) Act 2005, to allow the Department to continue to pay the blind pension for up to five years or until he or she receives an equivalent payment from the appropriate authority of Northern Ireland. This provision has been in our legislation for many years. It applies only to recipients of blind pension and old age non-contributory pensions.

The person concerned applied to my Department for a blind pension in September 2005. Her circumstances were investigated by a social welfare inspector who subsequently reported that she was a student at a third level college in Scotland where she was undertaking a four-year degree course. It was noted that she returns to the family home in Ireland during holiday periods and that she had to attend an eye specialist in Dublin every six weeks. Following careful examination of her case, a deciding officer of my Department determined that her application for pension had to be disallowed on the basis that she was not residing in the State on a full-time basis. She was notified of this decision by my Department and of her right of appeal against it to the independent social welfare appeals office. If the person's circumstances change, she may reapply for the blind person's pension at any time. Under social welfare legislation decisions on claims are made by deciding officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

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