Róisín Shortall (Dublin North West, Labour)
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Question 289: To ask the Minister for Social and Family Affairs the way in which mental illness is catered for under the medical assessment for disability allowance; the reason a person (details supplied) in Dublin 9 was deemed not medically suited for disability allowance in view of their condition; if he intends to reform the eligibility criteria for disability allowance in order to allow that all people with a mental illness are assessed fairly and equally for social welfare entitlements; and if he will make a statement on the matter. [31253/06]

Séamus Brennan (Dublin South, Fianna Fail)
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Disability allowance is payable to people whose employment capacity is substantially restricted because of a disability and whose income falls below certain limits. Entitlement to the allowance is subject to the person satisfying both a means test and the medical eligibility criteria that apply and these are prescribed in legislation.

The medical criteria which must be satisfied in order to qualify for the allowance require that the person be suffering from an injury, disease, or illness which has continued or may reasonably be expected to continue for a period of at least a year, and as a result of the condition, be substantially handicapped in undertaking work which would otherwise be suitable having regard to the person's age, experience and qualifications. A person suffering from a mental illness may qualify for the allowance subject to other conditions.

When a person makes a claim for disability allowance an opinion regarding their medical condition is firstly provided by the person's own general practitioner. Where required, a second opinion is provided by the medical assessors employed by the Department. In certain instances medical examinations are undertaken, at which the medical assessor will have available the initial medical diagnosis, supplemented where appropriate, by relevant specialist and other reports. Any information provided by the claimant is also taken into account.

In the event that the medical assessor is not satisfied that the claimant meets the medical criteria for admission to the disability allowance scheme, the claim may be disallowed. In those circumstances, a person may appeal to the Social Welfare Appeals Office, in which case a second medical assessment will be undertaken by a different medical assessor. I am satisfied that these arrangements ensure that all claims are assessed fairly and equally.

In the case of the person concerned, a medical assessor expressed the opinion that there was not enough evidence to admit him to Disability Allowance. He attended for a medical examination in connection with his application and was found not qualified for the Disability Allowance.

He appealed against this decision and was examined a second time by a different medical assessor who also considered unsuitable for disability allowance. His case will now go for full oral appeal hearing.

Medical Assessors carry out medical assessments of clients in order to provide an independent medical opinion with regard to eligibility on medical grounds for the guidance of deciding officers. I consider that these medical criteria are reasonable and I have no plans to change them.