Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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150. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on a disability allowance application by a person (details supplied); and if she will make a statement on the matter. [4841/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Disability Allowance (DA) is a weekly allowance paid to people with a specified disability who are aged 16 or over and under the age of 66.  This disability must be expected to last for at least one year and the allowance is subject to a medical assessment, means test and Habitual Residency conditions 

I confirm that my department received an application for DA from the person concerned on 10 August 2022.

Based on the evidence supplied in support of this person’s application, her application for DA was disallowed on the grounds that the medical qualifying condition was not satisfied. 

The person concerned was notified in writing of this decision on 29 September 2022, and they were given the right to a review or an appeal.

Further medical evidence was received on 12 October 2022 and a review of this decision was carried out.  The original decision was upheld and the person concerned was notified in writing on 26 January 2023.  

It is open to the person in question to reapply for DA or request an appeal of the decision 26 January 2023 to the independent Social Welfare Appeals Office (SWAO). 

I trust this clarifies the matter for the deputy.

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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151. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on a disability allowance section 317 review for a person (details supplied); and if she will make a statement on the matter. [4842/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements. 

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 July 2022.  It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection.  These papers were received in the Social Welfare Appeals Office on 16 August  2022 and the case was referred to an Appeals Officer on 19 August 2022.  Having fully considered all the evidence, the Appeals Officer disallowed the appeal of the person concerned by way of summary decision on 18 October 2022.

Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts.  I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the appeal decision on foot of this additional evidence under Section 317 of the Social Welfare Consolidation Act 2005.  

The Appeals Officer, having fully considered all of the available evidence, decided to allow the appeal. The person concerned was notified of the Appeals Officer’s decision on 25 January 2022.  

I trust this clarifies the matter for the Deputy.