Joan Burton (Dublin West, Labour)

I thank Senator Conway for raising this issue. Disability allowance is a means-tested payment for people with a specified disability whose income falls below certain limits and who are aged 16 and are under 66 and who are deemed to be habitually resident in the State. The qualifying conditions for disability allowance are provided for under Part 3 Chapter 10 of the Social Welfare Consolidation Act 2005 as amended. In order to qualify for disability allowance a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has continued or may reasonably be expected to continue for a period of at least a year and where, as a result of the condition, the person is substantially restricted in undertaking work which would otherwise be suitable having regard to the person's age, experience and qualifications.

The person concerned applied for disability allowance on 10 May 2011. The medical evidence supplied in support of his claim was referred to one of the Department's medical assessors, who was of the opinion, based on the information supplied, that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and the claim was refused and the person was notified in writing of this decision. Further medical evidence subsequently received from the person was referred to another of the Department's medical assessors, who was also of the opinion based on the information supplied that, while the person suffers from a degree of disability, he is not medically suitable for disability allowance. The deciding officer accepted this opinion and the original decision to refuse the claim remained unchanged. The medical opinions on suitability for disability allowance, based upon the medical evidence supplied, were reviewed and confirmed by the chief medical assessor of my Department. The person was notified in writing of this outcome on 7 February 2012 and of his right of appeal to the independent social welfare appeals office.

As set out in the guidance given to the person in the decision letter, if he wishes to appeal this decision to the social welfare appeals office, he should do so in writing stating the grounds of his appeal.