Written answers

Tuesday, 1 December 2009

Department of Social and Family Affairs

Social Welfare Appeals

12:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 263: To ask the Minister for Social and Family Affairs if she will support the case of a person (details supplied) in Dublin 9. [44436/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for Illness Benefit on the 18th September 2009. This claim was submitted to the Chief Medical Advisor who was of the opinion that the claimant's incapacity was not a new incapacity that it was in the same category as a previous Illness Benefit claim she had made which had been disallowed from 18th May 2009. She was notified directly of this decision by letter dated 15th October 2009. The person's Illness Benefit claim remains disallowed on this basis.

The person subsequently applied for Disability Allowance on 9th November 2009. 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 residence test.

The person's claim was assessed by a Medical Assessor on 11th November 2009 who deemed that she was not medically suitable for Disability Allowance. She was refused Disability Allowance on 30th November 2009 on two grounds, that she is not substantially restricted in undertaking suitable employment by reason of a specified disability and the means assessed against her, which are derived from her spouse's earnings, are in excess of the statutory limit for a family of her size. The person concerned has been notified by letter of this decision and of her right of appeal to the Social Welfare Appeals Office.


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