Tom Fleming (Kerry South, Independent)
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Question 79: To ask the Minister for Social Protection the position regarding a disability allowance application in respect of a person (details supplied) in County Kerry. [29170/11]

Joan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 6 August 2009. His claim was disallowed as he failed to satisfy the medical conditions and his means exceeded the statutory limit for receipt of disability allowance. The person subsequently appealed this decision to the Social Welfare Appeals Office and his appeal was disallowed on two grounds, means and medical. Following further correspondence received by the appeals office on behalf of the person the appeal was re-opened and an oral hearing was heard in the case.

The appeal was allowed, with assessable means derived from the capital value of a property plus rental income, entitling the person to a reduced weekly rate of disability allowance. The person's disability allowance was awarded on 9 August 2011 with effect from 12 August 2009. The person's claim will now be forwarded to a Social Welfare Investigator in order to review his weekly means. A decision on his rate of disability allowance will be given on receipt of the social welfare investigator's report and the person will be notified directly of the outcome.