Claire Kerrane (Roscommon-Galway, Sinn Fein)
Link to this: Individually | In context | 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.

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | 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.

Claire Kerrane (Roscommon-Galway, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

If the Department does indeed recognise the need for a transition period during which people can grieve and plan a life following the death of a family member, then this anomaly should be fixed. It can be fixed easily and I have sent the amendment to the Minister. I would appreciate it if, in her response, the Minister would confirm whether she believes this is an anomaly. What is the difference between a 14- or 15-year-old child with a disability, who is in receipt of domiciliary care allowance and who passes away and a child who is 16, 17, or 18 years old and in receipt of disability allowance? Whether that payment continues should not be dependent on age, the payment the person is receiving or whether a wife, spouse, partner, son or daughter is accepting the payment. That makes no sense. It should not be the case.

The Minister referred to the letter that was sent by the Department. I acknowledge what she has said. That is fine. To be honest, I was not going to raise the matter of the letter. I did so only to give a bit of context because that is how this all came about. It is how this anomaly was exposed in the first place. The wider issue here is not the letter. The issue is the fact that disability allowance should be treated in the same way as domiciliary care allowance when a child who is in the care of a parent at home and is in receipt of disability allowance passes away. That is an anomaly. If that anomaly were fixed, there would be no letters and the issue would not arise. The issue is not so much the letter, albeit the Minister is right that communication needs to be considered. I find it hard to believe the Department in certain circumstances may not be aware of who the collecting agent is and what his or her relationship is with the person involved because the Department knows a lot of things. Even if the names of the collecting agent and the child are not the same, I find it difficult to understand that the Department would not know the agent who is collecting a payment from the Department of Social Protection or what their relationship is to the eligible person. I find that hard to believe. Will the Minister accept this is an anomaly? Will she consider the amendment I have proposed? Will she please make this happen?

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have asked my officials to examine the arrangements in respect of the case we are talking about. Some particularly difficult cases arise and, as I said, we must consider our processes. On foot of that review, I will consider a further change, if necessary. I give the Deputy that commitment. Since taking up this role, I have learned that the staff in my Department do not just say they are here to help; they follow that mantra. We know that. The staff of the Department do a wonderful job in difficult circumstances.

Department systems do not recognise who the agent is. The domiciliary care allowance is paid once per month. We know it is paid to a family member.

The disability allowance is a weekly payment and it goes to the actual recipient. There may be a collection agent assigned to that person. The social welfare system does not recognise who the agent is. We have to look at the systems. It is not just a matter of pressing a button and it all happening. I have asked my officials to look at the matter. I am happy to commit to ensuring that we improve our processes into the future and make the system better for those who are grieving, like Tracey is, as we speak today.