Mary Upton (Dublin South Central, Labour)
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Question 432: To ask the Minister for Social and Family Affairs if he will review the practice whereby his Department awards disability allowance payments directly to residential homes instead of to the recipients; and if he will make a statement on the matter. [19232/05]

Séamus Brennan (Dublin South, Fianna Fail)
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With effect from 1 June 2005 a new disability allowance personal expenses payment of €35 per week has been introduced for people in residential settings. These people did not previously qualify for a disability allowance. The allowance replaces the former pocket money allowances administered by the health boards. Social welfare legislation provides that payment may be made to a person other than the claimant. Generally, such agents are appointed where a person is unable to cash his or her payment due to serious illness or loss of mobility. They may also be appointed in cases where a person is permanently unable to act for himself or herself or to discharge responsibility.

In the context of making the necessary arrangements for the introduction of the new allowance, it was evident that many recipients would require an agent to be appointed on his or her behalf. Accordingly, arrangements were put in place to make payments, in the first instance, to an appropriately appointed agent within the residential service in which the person resides.

My Department has formalised arrangements in service level agreements with each residential service provider for management of these moneys. These arrangements require agents to transfer the full payment to the individual account of the recipient. Specific provision has been made so that the payment will be used exclusively for the recipient's personal benefit.

My Department will review the situation in light of experience and in the meantime will pay this allowance directly to any individual who so wishes. My Department has consulted the main disability representative organisations and service providers about the introduction of the allowance and payment arrangements. It has kept these organisations and service providers up to date on this matter and remains in contact with them on these arrangements.

Mary Upton (Dublin South Central, Labour)
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Question 433: To ask the Minister for Social and Family Affairs if he will arrange for a split system of payment where the claimant will receive some of the payment directly if he or she spends a number of nights at home on a weekly basis in cases where disability allowance payments are paid to residential homes; and if he will make a statement on the matter. [19233/05]

Séamus Brennan (Dublin South, Fianna Fail)
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Disability allowance is a personal allowance normally paid directly to the recipient. Generally, no arrangements are made to split payments except in very exceptional or limited circumstances, for example, when a separate payment is issued directly to a qualified adult dependant.

There are many different residential settings or services which recipients of disability allowance may attend, avail of or reside in. Often recipients may move between residential or community based settings and their home depending on their circumstances. Payment of disability allowance to residential homes or service providers is only undertaken where the Department confirms that they can act as an appropriate agent for the person concerned. Such agents are normally appointed where the claimant is unable to collect their own payment due to illness or loss of mobility or becomes permanently unable to act on their own behalf. In other circumstances the agent may be a parent, guardian or relative rather than a service provider.

Agents are responsible under the relevant legislation for ensuring that the social welfare payment is used for the benefit of the person concerned. The issues around splitting payments along the lines suggested by the Deputy are complex given the wide variety of circumstances in which people move between family home and community based or residential settings. If the Deputy has a specific case in mind and advises my Department of the details, I will arrange for the matter to be examined further.