John McGuinness (Carlow-Kilkenny, Fianna Fail)
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354. To ask the Minister for Social Protection if he will review the decision not to continue payment of disability allowance to a person (details supplied); and if an oral hearing will be arranged. [37762/16]

Finian McGrath (Dublin Bay North, Independent)
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Following a review of the entitlement of this lady, disability allowance (DA) was disallowed with effect from 3 November 2016 as she was deemed to have means in excess of the statutory limit for her circumstances. Disability allowance is a means tested scheme and the way means are assessed is laid down in social welfare legislation. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means. In summary, any income, with some exceptions, belonging to the person and her spouse/partner or co-habitant is assessable as means for disability allowance purposes.

The person in question has been advised of her right to appeal this decision to the social welfare appeals office.

I hope this clarifies the matter for the Deputy.