John Perry (Sligo-North Leitrim, Fine Gael)
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178. To ask the Tánaiste and Minister for Social Protection if she will intervene in the decision to remove the disability allowance of a person (details supplied); and if she will make a statement on the matter. [37468/15]

Joan Burton (Dublin West, Labour)
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The application for disability allowance (DA) from the person in question was disallowed on 16 September 2015 on the ground that she does not satisfy the means conditionality for the scheme. DA is a means tested scheme, the rational supporting means assessments is laid down in social welfare legislation. 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.

The person in question was notified of this decision, the reason for it and of the option to submit further evidence in support of her application for review and of her right to appeal the decision to the Social Welfare Appeals Office (SWAO).