Ciara Conway (Waterford, Labour)
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240. To ask the Minister for Social Protection the position regarding entitlement for disability allowance, clearly citing the relevant legislation and statutory instruments; the reason a person would be refused a disability allowance and have a travel pass withdrawn after receiving a court settlement from the Health Service Executive in a medical negligence case, citing the relevant legislation and statutory instruments; her views on whether this is a fair practice, in view of the fact that other groups and persons who receive compensation do not have the disability allowance withdrawn after settling a case or receiving an award of compensation from the State, taking into consideration that the person concerned still has very considerable needs requiring a high level of care; and if she will make a statement on the matter. [18361/15]

Joan Burton (Dublin West, Labour)
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Disability allowance (DA) is a means-tested payment for people with a specified disability whose income falls below certain limits and who are aged between 16 and are under 66.

The main legislation relating to DA is contained in Chapter 10 (PART 3) of the Social Welfare Consolidation Act 2005 as amended, and Chapter 5 (PART 3) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. No. 142 of 2007), as amended.

The rules as to calculation of means for social welfare purposes are set out in:

- Parts I, II and III of the Third Schedule of the Social Welfare Consolidation Act 2005;

- Chapter 6 of Part 3 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations, 2007 (SI 142 of 2007) as amended; and

- Article 7 of SI 208 of 1991 (Rent Allowance) as amended.

The first €50,000 of a person's capital is exempted for the purposes of the DA means test. Compensation received from certain State tribunals for example the Hepatitis C, HIV, Residential Redress Board, Lourdes Hospital Payment Scheme and the Symphysiotomy Payment Scheme are not included in the calculation of means.

Where a DA customer has weekly means that exceed the statutory limit allowable under legislation for their family size then their allowance must be stopped. This is legislated for in Section 210(1)(c) of the Social Welfare Consolidation Act 2005.

Certain people with a disability who are under age 66 and who permanently live in the state may also qualify for free travel once they are in receipt of a qualifying payment such as DA. When the qualifying scheme is no longer in payment, the person no longer qualifies for free travel.