Jackie Cahill (Tipperary, Fianna Fail)
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360. To ask the Minister for Social Protection if he will examine the case of a person (details supplied); if compensation they received will be excluded from the calculations for disability allowance. [17700/17]

Finian McGrath (Dublin Bay North, Independent)
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Following a review, this lady was deemed to have means in excess of the statutory limit for her circumstances. She was notified in writing of this decision on 7 September 2016 and of her rights of review and appeal.

The person in question appealed to the independent Social Welfare Appeals Office (SWAO) a decision by a deciding officer to disallow her disability allowance (DA) payment.

Following due consideration, the appeal of the person in question was disallowed by an appeals officer (AO) on 25 January 2017. She was notified of this decision in writing by the SWAO on the same date.

An AO’s decision is final and conclusive in absence of any fresh facts or evidence.

In line with the provisions of social welfare legislation, means must be assessed in order to determine entitlement to disability allowance.

Compensation from an accident is not excluded under the above mentioned provisions.