Written answers

Tuesday, 17 April 2018

Department of Employment Affairs and Social Protection

Invalidity Pension Appeals

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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1424. To ask the Minister for Employment Affairs and Social Protection if a decision to refuse invalidity pension will be reviewed in the case of a person (details supplied); and if she will make a statement on the matter. [15433/18]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the pay related social insurance (PRSI) contribution conditions.

To qualify for IP a claimant must, inter-alia, have at least 260 (5 years) paid PRSI contributions since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the date of their claim. Only PRSI classes A, E , H or S contributions are reckonable for IP purposes. PRSI contributions paid at class S are reckonable for claims received on or after 01 December 2017.

The Department received a claim for IP for the lady concerned on the 01 December 2016. She was refused IP on the grounds that the contribution conditions for the scheme were not satisfied, specifically she does not have 260 paid PRSI contributions. She was notified on the 12 January 2017 of this decision, the reasons for it and of her right of review and appeal. The lady concerned requested a review of this decision and following a review of all the information available it was decided that there was no change to the original decision. She was notified on 13 February 2017 of the outcome of the review and of her right to appeal the decision to the independent Social Welfare Appeals Office (SWAO) within 21 days.

The lady concerned appealed the decision and an appeals officer (AO), having taken all available information into account, upheld the Department’s decision and disallowed the appeal. She was notified of the decision of the AO on the 04 January 2018. The decision of an AO is final and conclusive in the absence of additional relevant evidence not available at the time of the appeal.

A person who has an insufficient PRSI contribution record to qualify for a social insurance benefit/pension may apply for the appropriate means-tested social assistance scheme. Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

DA remains in payment to the lady in question at a reduced rate based on her weekly means.

I hope this clarifies the matter for the Deputy.

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