Tom Fleming (Kerry South, Independent)
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159. To ask the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [23455/13]

Joan Burton (Dublin West, Labour)
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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. Maintenance payments made to a former spouse/partner are not included in these exceptions.

Following a review of the person’s disability allowance claim in September 2011 the person was assessed with weekly means of €9.92 derived from his earnings from insurable employment. He was awarded a reduced rate disability allowance with effect from 5 October 2011.

The person subsequently appealed the decision to reduce his rate of disability allowance. On 6 February 2013, the Social Welfare Appeals Office informed him that his appeal was partially allowed. The Appeals Office assessed the person with weekly means of €3.00 derived from his earnings. His weekly rate of disability allowance will now be revised in line with the Appeals Officer's decision and the person will be notified shortly of this decision.