Michael McCarthy (Cork South West, Labour)
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225. To ask the Minister for Social Protection if she will examine the case of a person (details supplied) in County Cork regarding an entitlement to a disability allowance; if this allowance might be reinstated; and if she will make a statement on the matter. [21907/15]

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 his spouse’s employment, they were in excess of the threshold applicable for his 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.

However, as disability allowance ceased with effect from 18 March 2015, there may be an entitlement to have a qualified adult allowance paid on spouse’s illness benefit claim. This entitlement is currently being reviewed by illness benefit section and they will also review after death benefit.