Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection the way it was determined that a person (details supplied) in County Kildare was overpaid by her Department; if she will review this case; and if she will make a statement on the matter. [47796/12]

Joan Burton (Dublin West, Labour)
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Following a review in August 2012 of the person’s disability allowance claim it was found that the person failed to fully disclose his weekly means from self-employment from 8 April 2009 to 2 May 2012. His payment was stopped and he was assessed with having an overpayment of disability allowance of €63,206.30. The person was notified in writing of this decision and of his right of appeal. Further letters were sent to him regarding the recovery of the overpayment.

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 may reasonably expect to receive during the year following the date of their claim with certain exceptions. Income derived from earnings from self-employment is not included in these exceptions, and is accordingly assessable in full as means for disability allowance.