Claire Kerrane (Roscommon-Galway, Sinn Fein) | Oireachtas source

I am glad to get the opportunity this morning to raise the anomaly in legislation on disability allowance. This anomaly was exposed by Tracy McGinnis last week in the midst of grieving for her beloved son, Brendan Bjorn. She is seeking action from the Government to amend the legislation and she has put forward a solution she believes will ensure no other parent faces the additional pain and suffering added to grief already felt following the loss of a child. I am sure that is the most difficult time in any parent's life. Because Brendan was 17 and in receipt of disability allowance, which due to the severity of his disability, his mother collected for him weekly, on his death the payment ceased immediately. If Brendan was 15 and in receipt of the domiciliary care allowance, that payment would have continued for 12 weeks. What it comes down to is the question of what is the difference between a 15 year-old with a disability and a 17 year-old with a disability when they pass away. Why should they be treated differently based on age? This is wrong, it has been highlighted by Tracy, and it needs to be fixed because this can and should never happen again to any parent in this State. I commend Tracy on looking out, at this time of immense grief, and trying to ensure this does not happen to any other parent.

Yesterday I wrote to the Minister with a draft amendment that will fix this situation and see disability allowance treated the same as domiciliary care allowance when it comes to children who are cared for at home after they pass away.

I ask the Minister to accept that amendment, make any necessary changes and bring it forward urgently. Having spoken to Tracy, I also ask that the amendment is done in the name of Brendan Bjorn as a fitting tribute to him.

I reached out to Tracy yesterday. It was hard to find the words to say to her because on 17 May, her whole world came crashing down. Brendan was 17 years of age and she had cared for him at home each day since his birth. Most of us here can only imagine the immense loss Tracy must feel. I express my deepest sympathies to her and to Brendan's brother.

All of this came about initially following a letter that was sent from the Minister's Department asking Tracy to repay the disability allowance that was paid out the day after Brendan died. I acknowledge the Minister rightly apologised for that and the payment is not now owed. However, the wider issue here is the way in which disability allowance is treated after a child passes away. The other anomaly here is the fact that many other social welfare payments continue for six weeks after a person has passed away. Disability allowance is one of those payments but only in respect of a recipient who is a spouse or partner. The disability allowance, when it is paid to a spouse or partner, continues for six weeks but not when it is paid to a son or daughter. Such people face an immediate cliff edge when they lose a child.

I raise the issue this morning to ask the Minister to please consider that amendment. She can fix the situation today and I ask her to do so.

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