Written answers

Thursday, 22 November 2012

Department of Social Protection

Disability Allowance Applications

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection the way it is concluded that a person (details supplied) in County Kildare is deemed not to qualify for disability allowance under the habitual residency clause in view of the fact that they have lived continuously in this country for the past 72 months with the exception of the six months ending September 2012 and bearing in mind that they are an EU national, that other members of their family live in this country, that their centre of interest continues to be this jurisdiction; if she might clarify in what other jurisdiction it might be claimed their centre of interest exists on the basis of the foregoing; and if she will make a statement on the matter. [52074/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 26 July 2011. The medical evidence supplied with her claim was referred to one of the department’s medical assessors who was of the opinion, based on the information supplied, that she was not medically suitable for disability allowance. The deciding officer accepted this opinion. The deciding officer further decided that the person in question does not meet the condition of being habitually resident in the State, in accordance with the guidelines. Accordingly, her claim for disability allowance was refused and the person was notified of the decision and the reasons for it and of their right of appeal.

No appeal against that decision was received and the time for it has now expired. However, the person in question may write to the Social Welfare Appeals Office, setting out the full grounds of their appeal and requesting that their appeal will be accepted. It should be noted that this application is disallowed on two grounds as, in addition to habitual residence, the applicant does not satisfy the medical conditionality. It is also open to the person in question to submit a new application for disability allowance.

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