Bernard Durkan (Kildare North, Fine Gael)
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560. To ask the Minister for Employment Affairs and Social Protection if disability allowance or invalidity pension payments are being disallowed on the basis that a person has a serious disability such an amputation; and if she will make a statement on the matter. [26907/18]

Finian McGrath (Dublin Bay North, Independent)
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Medical eligibility for Disability Allowance (DA) and Invalidity Pension (INVP) is assessed on a case by case basis and is determined by its severity, and resultant effects on activities of daily living and work-related activities. Eligibility is not based solely on diagnosis or treatment but rather is assessing the person’s eligibility for the relevant scheme in accordance with the relevant statutory conditions. Entitlement to DA is based on satisfying medical, means and residency conditions. The person must be between the age 16 and 66.

The medical condition for DA is that a person must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect, as a result of which they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications.

INVP is a payment for people who are permanently incapable of work because of illness or incapacity and who satisfy the statutory social insurance contribution conditions.

A person is regarded as being permanently incapable of work if;

- For the period of 1 year immediately before the date of application the person had been continuously incapable of work and a Deciding Officer or an Appeals Officer is satisfied that the person is likely to continue to be incapable of work for at least another year,

OR

- A Deciding Officer or an Appeals Officer is satisfied that the likelihood is that the person will be incapable of work for life.

Where a person is not satisfied with the decision of a Deciding Officer regarding their entitlement to either if these payments, they can appeal that decision to the independent Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.