John Halligan (Waterford, Independent)
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Question 649: To ask the Minister for Social Protection if she will clarify for Dail Eireann where applications for disability allowance are concerned, if she intends to review the present regulations governing the way means are calculated when a spouse or partner is in receipt of an irregular income such as overtime payments which are not guaranteed; and if she will make a statement on the matter. [19073/12]

Joan Burton (Dublin West, Labour)
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As you are aware disability allowance is a weekly allowance paid to people with a disability who are aged 16 or over and under age 66. This disability must be expected to last for at least one year and the allowance is subject to a medical examination, a means test and a habitual residence test.

The weekly rate of disability allowance payment depends on the amount of weekly means assessed. The legislative provisions regarding disability allowance state that means will be assessed from all income which the claimant or claimant's spouse/partner may reasonably expect to receive during the year following the date of their claim with certain exceptions. Income derived from overtime is not included in these exceptions, and is accordingly assessable in full as means for disability allowance.

When assessing weekly means for disability allowance purposes, income derived over a period of time is 'averaged out' over that period. When making a decision, the deciding officer will average the earnings over the period most appropriate having regard to the circumstances of each case. This could be, for example, the previous tax year or a shorter and most recent period, if more appropriate.

If a person's means are derived from their spouse/ partner's insurable employment the means assessment is based on the gross earnings less PRSI, superannuation and trade union dues and also a disregard of €20.00 a day is applied to the earnings for each day worked subject to a maximum of 3 days a week (maximum €60.00 a week) and the balance is assessed at 60%. Where the circumstances of a disability allowance recipient, including the income or earnings of a spouse/partner, have changed, that person should request a review of their entitlement. In order to carry out a review, the respective person should send in up to date documentary evidence that outlines their financial situation.