Niamh Smyth (Cavan-Monaghan, Fianna Fail)
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1556. To ask the Minister for Employment Affairs and Social Protection the reason a person (details supplied) has been denied a disability allowance; and if she will make a statement on the matter. [36287/17]

Finian McGrath (Dublin Bay North, Independent)
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Disability allowance (DA) is a means tested scheme and the way means are assessed is laid down in social welfare legislation. In summary, any income, with some exceptions, belonging to the person and his or her spouse/partner or co-habitant is assessable as means for disability allowance purposes. It is the nature of means tested schemes that there is no entitlement to a payment once means exceed a given amount. There is no discretion allowed as deciding officers are obliged to follow the legislation when assessing means.

Following a review of the entitlement of this gentleman, DA was disallowed with effect from 17 May 2017 as he was deemed to have means in excess of the statutory limit for his circumstances. Notification of this decision issued on 6 July 2017 and this gentleman appealed to the independent social welfare appeals office.

All the papers relating to this gentleman’s DA decision has been sent to the appeals office for their consideration. We await their decision.

I trust this clarifies the matter for the Deputy.