Michael Creed (Cork North West, Fine Gael)
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279. To ask the Minister for Employment Affairs and Social Protection if her Department will review a decision on a disallowing a disability allowance claim by a person (details supplied) on the basis that the rental income from the second property rather than the capital value of the property would qualify the applicant for a disability allowance payment; and if she will make a statement on the matter. [49305/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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As part of a means review into his continued entitlement to disability allowance (DA), the person concerned was notified on 9 December 2021, that their entitlement to DA will cease effective from 14 December 2021. Based on the information provided by this person, his current means are in excess of the statutory limit for DA under section 210 and 302(b) of the 2005 Social Welfare Consolidation Act.

For the purposes of Disability Allowance, means are calculated in accordance with Part 2 of the Schedule 3 of the Social Welfare Consolidation Act 2005 as amended.

The weekly value of capital (savings, investments, shares, trust funds, property not personally used or enjoyed, etc.) is assessed using the following formula for DA:

Property covered by the capital investment rule includes second houses and/or any other buildings or land owned but not personally used or enjoyed as the principal residence or farming business.

When deciding on entitlement of DA, a deciding officer has no discretion regarding the application of this legislation.

An appeal was lodged with the independent social welfare appeals office (SWAO).

On 19 April 2022 the SWAO notified the Department that the original decision was upheld and the appeal was disallowed. The person concerned was notified directly by the independent SWAO regarding their appeal.

An Appeal Officer’s decision is final and conclusive in the absence of any fresh facts or evidence.

I trust this clarifies the matter for the Deputy.