Finian McGrath (Dublin North Central, Independent)
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Question 71: To ask the Minister for Social and Family Affairs if she will support the case of a person (details supplied). [31865/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. The legislative provisions for Disability Allowance are contained in Parts 1 and 3 of the Social Welfare Consolidation Act 2005, as amended, and the Rules regarding the calculation of means are contained in Schedule 3 of that Act.

The person concerned applied for a Disability Allowance on 24 March 1998. He did not disclose any means and he stated on his application form that he had no property other than his own home. Based on the information provided by him he was awarded Disability Allowance with effect from 1 April 1998 at the maximum rate. His claim was reviewed by a Social Welfare Inspector on 4 October 1999 and he did not disclose any means and his Disability Allowance remained in payment at the maximum rate. The person concerned died on 2 December 2007 and the Solicitor dealing with his Estate forwarded a Schedule of his Assets to the Department. Under Section 339(1) of the Social Welfare Consolidation Act 2005 the Personal Representatives are legally obliged to furnish this information. The Personal Representatives in this case are the daughter and son of the deceased person.

Following an investigation of the assets held by the person concerned it was found that he had land which he had not disclosed when he applied for Disability Allowance or when his claim was subsequently reviewed in 1999. As this land was owned and not occupied the capital value of the property is assessable as means. On 3 October 2008 a Deciding Officer reassessed the means of the person concerned taking account of the value of the undisclosed property and decided that he had no entitlement to Disability Allowance from 3 April 1998 to 30 November 2007 as his means exceeded the then limits for receipt of the allowance. The Personal Representatives were notified of this decision and of their right of appeal to the Social Welfare Appeals Office. They were also informed that arising from this decision a total of €63,597 Disability Allowance was paid to the person concerned to which he had no entitlement and that this amount is recoverable from the Estate under Section 335(b) of the Social Welfare Consolidation Act 2005.

The decision was appealed on 15th October 2008. The Appeals Officer upheld the Deciding Officer's decision that the person concerned was not entitled to Disability Allowance and a letter informing the Personal Representatives of this decision was issued by the Appeals Office on 24 June 2009. No new relevant information has been supplied and therefore there is no change to the amount due from the Estate.