Thomas Pringle (Donegal, Independent)
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722. To ask the Minister for Employment Affairs and Social Protection the way in which an applicant can be deemed fit for employment in the medical assessment for invalidity pension yet the same person is deemed unfit for work in a medical assessment for disability allowance; and if she will make a statement on the matter. [37146/18]

Regina Doherty (Meath East, Fine Gael)
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The criteria for medical eligibility to illness and disability schemes are defined in legislation; under the Social Welfare Consolidation Act (2005).

The criteria for medical eligibility for Disability Allowance are that the applicant must have an injury, disease or physical or mental disability that has continued, or may be expected to continue for at least one year. As a result of this disability the applicant must be substantially restricted in undertaking work that would otherwise be suitable for a person of their age, experience and qualifications. The applicant must be aged between 16 and 66 and must satisfy a means test and the habitual residence condition.

The criteria for medical eligibility for Invalidity Pension are that the applicant must have been incapable of work for at least 12 months and likely to be incapable of work for at least another 12 months or be permanently incapable of work.

Medical assessment of the applicant is premised on the above legislative criteria whereby in Invalidity Pension the applicant’s suitability for employment is assessed, for all categories of work unlike in Disability allowance wherein age, educational attainment and previous vocational experience are taken into consideration. Each case is assessed on its own merit and on a case by case basis, therefore a situation may arise where opinions differ.