Tony Gregory (Dublin Central, Independent)
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Question 777: To ask the Minister for Social and Family Affairs if the decision to refuse a diet supplement to a person (details supplied) in Dublin 1 will be reviewed. [1097/06]

Séamus Brennan (Dublin South, Fianna Fail)
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People on social welfare or Health Service Executive payments who have been prescribed a special diet as a result of a medical condition, and whose means are insufficient to meet their needs, may qualify for a diet supplement under the supplementary welfare allowance scheme. This scheme and related supplements are administered on my behalf by the community welfare division of the Health Service Executive, and neither I nor my Department has any function in regard to individual claim decisions.

The amount of supplement payable depends on which of two categories of diet, low-cost or high-cost, has been prescribed by the applicant's medical adviser, as well as the income of the individual and his or her dependants. Diet supplement is not payable in cases where the total cost of the diet is less than or equal to one third of the person's income.

The Dublin-mid-Leinster area of the Health Service Executive has advised that the person concerned has been prescribed a low-cost diet, and applied to the executive for a diet supplement in October 2005. In accordance with the regulations governing the scheme, the amount of diet supplement payable in this case would be €48.66, less one third of the applicant's income. On this basis, the person concerned did not qualify as one third of his income exceeds the cost of the diet. The executive has further advised that he has been unsuccessful in appealing against this decision to its area appeals officer.