Bernard Durkan (Kildare North, Fine Gael)
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276. To ask the Minister for Social Protection the reason a person (details supplied) should apply for and be available for employment in view of the fact that their health condition would render them a liability in employment; the steps that can be taken to ensure that a suitable disability payment becomes available to the person; and if she will make a statement on the matter. [30628/17]

Regina Doherty (Meath East, Fine Gael)
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The person concerned submitted an application for disability allowance (DA) on 12 May 2016. The application, based upon the evidence submitted, was refused on medical grounds and the person concerned was notified in writing of this decision on 27 July 2016 and of her rights of review and appeal.

The person concerned appealed to the independent Social Welfare Appeals Office (SWAO) a decision by a deciding officer to disallow her application for DA. Following due consideration, the appeal of the person in question was disallowed by an appeals officer (AO) on 14 December 2016. An AO’s decision is final and conclusive in absence of any fresh facts or evidence.

To qualify for Jobseeker’s Allowance in normal circumstances a client must be fit for and available for full-time employment. In cases where a client is in receipt of jobseeker’s allowance (JA) and applies for disability allowance (DA) or is appealing a DA disallowance then they may continue on JA until a decision on DA is received. Should the subsequent decision on DA or DA appeal state that the client is not substantially restricted in seeking suitable employment, by reason of a specified disability, and if the client wishes to continue on JA then they must adhere to the regulation of being available for full-time work.

The person concerned has not been found, by an AO, to be substantially restricted in seeking suitable employment and therefore remains in receipt of JA.

It is open to the person in concerned to reapply for DA.

I hope this clarifies the matter for the Deputy