Tony McLoughlin (Sligo-Leitrim, Fine Gael)
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545. To ask the Minister for Social Protection if his attention has been drawn to the fact that on three separate occasions since 2007, a person (details supplied) had tried unsuccessfully to obtain access to a disability payment in view of the fact they were unable to work due to severe pain in their legs; if an investigation can now be undertaken by his Department in order to ascertain the way this person now qualifies for the payment in 2016, in view of the fact that they did not qualify in 2007 with the very same illness; if he will provide the name of the departmental doctors that reported that the person was fit to work in their previous applications; if grounds for back payments to the date of their first application can be considered; and if he will make a statement on the matter. [41105/16]

Finian McGrath (Dublin Bay North, Independent)
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The person concerned applied for disability allowance (DA) on 4 December 2007. He was at that time in receipt of illness benefit (IB). Based on the evidence provided, the application for DA was refused on medical grounds and he remained on IB until 24 December 2011. His IB payment ceased because he no longer submitted medical certification after that date.

An application for invalidity pension was received on 30 November 2010. Based on the evidence provided, that application was refused on medical grounds.

Most recently, an application for DA was received on 4 March 2016. This application, based upon the evidence submitted, was awarded with effect from 9 March 2016 and his first payment commenced on 11 May 2016.

When applications are received for each scheme, they are examined having regard to the conditions of the particular scheme. These schemes are not interchangeable and there is no automatic right of transfer from one scheme to another.

It is a deciding officer who decides upon any and all questions in relation to a person’s eligibility for a social welfare payment, including DA. In arriving at their decision, a deciding officer will review all evidence available to them, including medical reports and other evidence furnished by the applicant and the applicant’s treating physician. Deciding officers will also review the opinion of the Department’s medical assessors; fully qualified medical practitioners who have experience and specialist training and qualifications in occupational medicine as well as in the evaluation of a person's disability.

Under social welfare legislation, people are required to make an application within a specific period from the date their entitlement arises. In the case of DA, the application should be made within 7 days of the date on which they satisfy the conditions for the scheme.

However, if the applicant has not made their application on time, provision is made in the legislation to allow back payment, to a maximum of six months, in certain limited circumstances.

In order for consideration to be given to backdate the payment of DA in this case, the applicant should forward full details of the reasons he wishes to have his claim backdated, along with any supporting documentation, to the DA area of my Department.

I trust this clarifies the matter for the Deputy.