Clare Daly (Dublin North, United Left)
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401. To ask the Minister for Social Protection further to Parliamentary Question No. 226 of 9 July 2014, her views on whether it is reasonable that a MS sufferer (details supplied) was refused disability allowance because their means were two cent over the statutory limit. [31519/14]

Joan Burton (Dublin West, Labour)
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Disability allowance is a means tested scheme and the way means are assessed is laid down in social welfare legislation. In summary, any income, with some exceptions, belonging to the person and his or her spouse/partner or co-habitant is assessable as means for disability allowance purposes. When the means of the person concerned were assessed, which were derived from an occupational pension, they were slightly in excess of the threshold applicable for the person’s circumstances. It is in the nature of means tested schemes that there is no entitlement to a payment once means exceed a given amount. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means.

I understand that the person concerned has appealed this decision to the Chief Appeals Officer who will notify the person directly of the outcome.