Written answers

Tuesday, 1 May 2018

Department of Employment Affairs and Social Protection

Disability Allowance Eligibility

Photo of Michael McGrathMichael McGrath (Cork South Central, Fianna Fail)
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433. To ask the Minister for Employment Affairs and Social Protection the rationale for asking parents of teenage children with a disability to complete the section of the application form for disability allowance entitled authority to appoint an agent; the position on the retention of receipts for disability allowance; and if she will make a statement on the matter. [19049/18]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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Where a customer is unable to manage their own financial affairs an agent may be appointed to collect the payment and if necessary act on behalf of the customer.

The circumstances in which a customer is deemed to be unable to manage his or her own financial affairs may include one or more of the following:

- an inability to understand the basis of possible entitlements to benefit;

- an inability to understand and complete the claim form;

- an inability to understand and deal with correspondence and enquiries concerning the claim;

- an inability to manage benefit payments received.

If a deciding officer identifies that, based on evidence provided, that an agent may be required to either collect the payment on behalf of the customer and if necessary act on behalf of the customer, then they may request that an agent form be completed.

In this type of situation, a formal application must be made on behalf of the customer and documentary evidence provided. If the customer is unable to manage their own affairs then they must be certified by a registered medical practitioner to be a person who is unable for the time being to manage their own financial affairs.

The agent appointed may or may not be a relative of the customer. Once appointed, they have a duty to act in the best interests of the customer. Amongst their duties is the responsibility to:

- receive and deal with any sum payable by way of benefit on behalf of the customer;

- make payments only on items or services which are of benefit to the customer;

- ensure the balance of any benefit is lodged to an interest bearing account for the benefit of the customer;

- keep a record of all sums received by way of benefit which have been lodged to an interest bearing account on behalf of the customer;

- keep a record of all other transactions made in relation to sums received by way of benefit on behalf of the customer;

- produce these records when requested to do so by the customer or by their nearest relative or by an officer of the department;

- notify the Department of any changes in the customer’s circumstances.

I trust this clarifies the matter for the Deputy.

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