John Brady (Wicklow, Sinn Fein)
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147. To ask the Minister for Social Protection the reason a person (details supplied) is refused disability allowance on financial grounds where a payment made to them from the North is calculated as means when the equivalent payment in the South would not be calculated as means; and if he will make a statement on the matter. [27898/16]

Finian McGrath (Dublin Bay North, Independent)
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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, in cash and non-cash benefits which the claimant may expect to receive, with some exceptions, is assessable as means for disability allowance purposes. Some types of income are exempt from assessment and they are detailed in Rule 1(2) in part 2 of Schedule 3 of the Social Welfare Consolidation Act 2005. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means.