Martin Conway (Fine Gael)
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I welcome the Minister to the House. I submitted this matter to highlight the fact that a young man of 18 years of age in County Clare has been refused disability benefit, although he has been diagnosed with ADHD. This young man will not work for the rest of his life, because he is incapable of working. His comprehension ability, delayed reaction and a myriad of other conditions feed into his overall inability to work. He is hyperactive at times and completely inactive at others. Anybody who met this young man would know he would never be capable of holding down a job, yet despite medical support he has been turned down for disability benefit.

I realise, better than anybody, that granting somebody disability benefit is a big step for any government or Minister, because once somebody receives disability benefit, he or she tends to hold it for a long time, unless their circumstances change significantly. However, there comes a time when common sense must prevail. Families already under pressure from looking after a person of this age need a break and should not be in a position where they have to fight the system and the Department. If this family did not provide the care it does to the young man in question, he would be in care and would cost the State significantly more. We should empower these families rather than be confrontational with them. While I understand that people have a responsibility to do a job, there comes a time when it is as clear as the day is long that a disability payment is required.

Joan Burton (Dublin West, Labour)
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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.

Martin Conway (Fine Gael)
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I accept there has been a medical review carried out, but knowing the young man, I would have a different view. Will the Minister instruct her officials to facilitate this family with an oral appeal allowing it make the case in person, rather than a written appeal which is turned down by letter? I would be most grateful if the Minister would facilitate an oral appeal.

Joan Burton (Dublin West, Labour)
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I will ask the officials if it is possible to arrange that. I would like to stress again that with regard to disability, the decisions are made on medical grounds and made by medical people. This case has been considered a number of time and it is not the social welfare general staff who have made the decision. The decision has been made on medical grounds. However, I will certainly advise the officials that the Deputy has requested an oral appeal in this case.