Holly Cairns (Cork South West, Social Democrats)
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975. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to the call by an organisation (details supplied) for a humane application process for disability allowance; and if she will make a statement on the matter. [14333/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Disability allowance is a payment for persons between the ages of 16 and 66 with a specified disability which is expected to last at least 1 year, and who by reason of that disability, are substantially restricted in undertaking work suitable to their age, qualifications and experience.  Applicants must also satisfy a means test and be habitually resident in the State.

The main provisions relating to disability allowance are contained in legislation in Chapter 10 (PART 3) of the Social Welfare Consolidation Act 2005 as amended, and Chapter 5 (PART 3) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 S. I. No. 142 of 2007, as amended.

Under the legislation the onus is on a person to apply if they believe that they may have an entitlement to payment.  The disability allowance claim form DA1 should be completed in full and signed by the claimant and they should forward all relevant documentation as requested.  Claimants of disability allowance are responsible for the production of certificates, documents, information and evidence required, including Birth Certificate, Marriage Certificate (if applicable), medical evidence and details of means such as a current pay slip, etc.  A medical certificate is incorporated into the claim form (DA1) which must be completed and signed by the claimant's General Practitioner (GP) or Consultant.

A decision on entitlement cannot be made until all the necessary documentation has been provided. When all the documentation necessary to make a decision on a claim has been received, the file is referred to a Deciding Officer for decision.  Deciding Officers are appointed by the Minister under Section 299 of the Social Welfare Consolidation Act 2005.  Where any question arises about the fulfilment of a condition (e.g. the means of the claimant) further enquiries will be made, either by correspondence or by referring the file to a Social Welfare Inspector for investigation.  The Department's Medical Assessors may give an opinion to a Deciding Officer on the medical eligibility of a claimant.

A notification of the decision is issued to the claimant, and when claims are disallowed or allowed at reduced rates, the claimant is given a full explanation of the reason for the disallowance or partial award.

If the person feels that the decision is based on information about their circumstances which is incorrect or out of date, the person may submit the up to date information to Disability Allowance Section for a revised decision.  The person also has a right to appeal the decision directly to the Chief Appeals Officer, Social Welfare Appeals Office, D’Olier Street, Dublin 2, D02 XY31.

My Department is committed to ensuring that all claims are processed in a fair and consistent manner. The disability allowance operational scheme area continually monitors and reviews the decision making process.  As I have outlined above, disability allowance requires documentary evidence from the customer in relation to their medical condition, household composition, income and residency status.  For this reason it can require detailed investigations and interaction with the applicant, thereby lengthening the decision making process.

I would like to assure you that the Department is committed to continually improving the customer experience, and is currently reviewing the disability allowance application form with a view to making it easier to complete.  The changes will provide a more focused approach in the provision of necessary documentation, and will assist in the decision making process within the framework of current policy and legislation.

It is also important to note that the disability allowance scheme is structured to encourage recipients to avail of opportunities to engage in work where this is appropriate, either in self-employment or in insurable employment.

In relation to disability allowance and employment please note that:

- The first €120 of weekly earnings is disregarded in the means test for the payment while earnings between €120 and €350 are assessed at 50%.

- As part of the measures announced in Budget 2021, the €120 income disregard will be increased to €140 from June 2021.

- There is no requirement that a person must undertake work that is of a ‘rehabilitative or therapeutic’ nature (no exemption needs to be sought from DSP).

- People with a long-term disability who take up employment will retain their Free Travel Pass for a period of five years.

- There is a fast-track return to Disability Allowance in situations where the employment does not work out.

A person is not left without income while an application is being processed.  The supplementary welfare allowance scheme is the safety net within the overall social welfare system in that it provides assistance to eligible people in the State whose means are insufficient to meet their needs and those of their dependants.  The basic supplementary welfare allowance provides immediate assistance for those in need who are awaiting the outcome of a claim or an appeal for a primary social welfare payment or who do not qualify for payment under other State schemes. 

I hope this clarifies the position for the Deputy.