Bernard Durkan (Kildare North, Fine Gael)
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540. To ask the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be fully re-examined; and if she will make a statement on the matter. [11317/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The qualifying medical criteria for Invalidity Pension (IP) and Disability Allowance (DA) differ.

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.

To qualify for DA, a person must be considered to be substantially restricted in undertaking employment suitable to his/her age, qualifications and experience. The condition must be expected to last for at least 12 months.

Invalidity pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. Permanently incapable of work is defined as an incapacity for work of such a nature that the likelihood is that the claimant will be incapable of work for life or an incapacity which has existed for 12 months prior to the date of claim and where the Deciding Officer or Appeals Officer is satisfied that the claimant is likely to be unable to work for 1 year from the date of the claim.

The Department received a claim for IP for the person concerned on 8 October 2020. The person concerned was refused IP on 16 November 2020 on the grounds that the medical conditions for the scheme were not satisfied. The person in question appealed the decision to the independent Social Welfare Appeals Office (SWAO) who upheld the Department’s decision and disallowed the appeal. The person in question was notified of this decision on 18 February 2021.

The decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.

It is open to the person concerned to reapply for an Invalidity Pension.

I trust this clarifies the position for the Deputy.