Jack Wall (Kildare South, Labour)
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Question 1312: To ask the Minister for Social and Family Affairs if a person (details supplied) in County Kildare is entitled to a refund or arrears in relation to their disability allowance payment; and if she will make a statement on the matter. [30496/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned is receiving disability allowance since July 1995. The weekly rate of disability allowance payment depends on the amount of weekly means assessed. Under the legislative provisions that apply to disability allowance all income which the claimant has, subject to certain exceptions, is assessable as means. Income derived from private pensions is not included in these exceptions, and is accordingly assessed in full as means for the purposes of disability allowance.

The means of the person concerned were reviewed in June 2008 in order to establish her current entitlement to disability allowance. She was assessed with weekly means of €131.00 based on her private pension and consequently her rate of disability allowance was reduced to €67.80 from 2 July 2008. A letter issued to her on 24 June 2008 notifying her of this decision and of her right of appeal to the Social Welfare Appeals Office. She lodged an appeal with the SWAO on 17 September 2008.