Heather Humphreys (Cavan-Monaghan, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue. I again extend my sympathies to Ms Tracy McGinnis on the loss of her dear son, Brendan, and to his brother, Declan.

This matter came to my attention at the weekend. I apologised on behalf of the Department and I accept we need to look at the matter. I am committed to doing that. I will put some context to how the system works. The key role of the Department of Social Protection is to provide income support where an income need arises because of a particular contingency, be that illness, disability, caring or unemployment. Disability allowance is the Department's main income support for people who have a disability.

To be eligible for disability allowance, the disability must be expected to last for at least one year and the person must be aged between 16 and 66 years of age. The nature of the disability must substantially restrict a person's ability to undertake work that would otherwise be suitable for persons of similar age, experience and qualification. The allowance is also subject to a medical assessment, a means test and an habitual residency requirement.

There are currently just under 156,000 recipients of disability allowance with expenditure in 2022 expected to be almost €1.9 billion. The current maximum personal rate of payment is €208, with the maximum adult dependant rate at €138. Rates for child dependants are €40 for children under 12 and €48 for children over 12.

The main legislative provisions relating to payments after death are contained in section 248, chapter 2 of Part 9 of the Social Welfare (Consolidation) Act 2005, as amended. If a recipient of disability allowance dies and there is an increase for an adult dependant in payment, the payment continues for six weeks. If a recipient of disability allowance dies and there is no increase for an adult dependant, entitlement to payment ceases when that person passes away. However, if another person is in receipt of carer's allowance in respect of that person, the carer's allowance payment will continue for a period of 12 weeks. In circumstances where a person is in receipt of another social welfare payment together with a half-rate carer's allowance, then the half-rate carer's allowance will also continue for 12 weeks. The carer's support grant, which is paid on the first Thursday in June, will automatically be paid where carer's allowance is paid on that date. This will also include instances where the person being cared for has passed away before that date.

The Department recognises the need for a transition period during which people can grieve and plan for a life following the death of a family member. If a person is unable to collect a payment or manage his or her financial affairs, that person can appoint an agent to collect social welfare payments on his or her behalf. Where disability allowance is paid to a collection agent, the Department may not be aware of the relationship between the agent and person who was in receipt of disability allowance. In many cases agents may be a spouse, adult child or a non-relative, such as a carer, neighbour or a manager of a residential care setting.

I am conscious of the matter the Deputy has raised. I know Tracy must be suffering unthinkable grief following the sad loss of Brendan. That, of course, was not helped by the correspondence she received from my Department. For that, I again apologise.

My Department is staffed with hard-working, dedicated people who went above and beyond for our citizens during the recent Covid-19 pandemic. They deal with members of the public, including those enduring a period of hardship, with care and compassion. This example has shown us that sometimes we get it wrong and we have to do better. We must learn lessons and will improve our processes. I have no doubt we will do that.

See this speech in context