James Bannon (Longford-Westmeath, Fine Gael)
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Question 1237: To ask the Minister for Social Protection the position regarding an application for disability allowance in respect of a person (details supplied) in County Longford; and if he will make a statement on the matter. [31735/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned was in receipt of disability allowance from 14 August 1996 to 26 May 2010. It came to the department's attention that the person was in receipt of farm payments from the Department of Agriculture which she had not disclosed. The weekly rate of disability allowance depends on the amount of means assessed. The legislative provisions regarding disability allowance state that means are assessable from all income which the claimant or claimant's spouse or partner may reasonably expect to receive during the year following the date of their claim with certain exceptions. An income derived from farm subsidies is assessable as means for the purposes of disability allowance.

The person concerned was assessed with weekly means of €287.59 with effect from 2 January 2008 derived from farm subsidies which were paid directly into her bank account. As this amount exceeds the statutory limit for receipt of disability allowance her claim was disallowed with effect from 2 January 2008. As she had been paid disability allowance in respect of the period 2 January 2008 to 25 May 2010 to which she had no entitlement an overpayment of €25,231.30 was assessed against her. She was notified of this decision on 17 May 2010 and of her right of appeal to the Social Welfare Appeals Office. The person did not appeal this decision.

The Department has written to the person regarding the recovery of the money owed.