Michael Ring (Mayo, Fine Gael)
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Question 252: To ask the Minister for Social and Family Affairs the way a person (details supplied) in County Mayo was assessed for disability allowance; the way their payment rate was calculated; and if this person is entitled to a higher rate of disability allowance. [21341/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for Disability Allowance on 3 July 2007. He was awarded Disability Allowance from 11 July 2007 at a personal rate of €43.30 per week as he was assessed with means of €144.92 per week from an Incapacity Benefit Claim from the United Kingdom (UK).

His claim was reviewed in February 2008 and he was awarded an increase in his personal rate to €60.80 per week from 19 September 2007 and €72.80 per week from 2 January 2008.

His claim was further reviewed in May 2008. He was assessed with means of €119.31 from his UK Retirement Pension and has been awarded an increase in his personal rate to €80.30 per week from 28 may 2008.

Where persons are paid in foreign currency, the means are assessed by reference to the value in Euro currency. If the payment is in a currency of a member state of the EU, it is dealt with in accordance with EU law. Social security schemes in the European Community and the European Economic Areas are co-ordinated by Council Regulations (EEC) No. 1408/71 and 574/72.

Council Regulation (EEC) No. 1408/71 contains detailed rules which co-ordinate rights granted under the different National legislation while Regulation (EEC) No. 574/72 contains detailed rules for implementing Regulations No. 1408/71.

Article 107.1.b of Regulation (EEC) No. 574/72 states that the rate for conversion into a national currency of amounts denominated in another national currency shall be the rate calculated by the Commission and based on the monthly average, during the "reference period" of rates of exchange of currencies published by the European Central Bank. There are four reference periods each year on which conversion rates are calculated, these are:

January for rates of conversion applicable from 01 April following

April for rate of conversion applicable from 01 July following

July for rates of conversion applicable from 01 October following

October for rates of conversion applicable from 01 Jan. following

Disability Allowance is a means tested scheme. The mechanism used in assessing the means in this case, which were derived from a British Pension, is as outlined above.

The person concerned may request a review of his claim at any stage by submitting up to date payslips for his UK Retirement Pension, however, he may gain or lose, depending on the circumstances.