Written answers

Wednesday, 6 March 2024

Department of Employment Affairs and Social Protection

Social Welfare Benefits

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein)
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127. To ask the Minister for Employment Affairs and Social Protection if an application for disability allowance (details supplied) will be assessed on current means only; and if she will make a statement on the matter. [11054/24]

Photo of Heather HumphreysHeather 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.

My Department received an application for DA from the person concerned on 26 September 2022. Based on the evidence supplied in support of this application, it was disallowed on the grounds that they failed to provide sufficient information enabling the Deciding Officer (DO) to determine if her means exceed the statutory maximum allowed under the DA Scheme. The person in question failed to provide information requested by the Social Welfare Inspector (SWI) on 26 October 2022 and 9 November 2022. In addition, no decision has been made on their habitual residence as the above information remained outstanding. The person was notified of this decision in writing on 4 January 2023 and given the right to request a review/appeal.

I can confirm that, on 11 May 2023, the person concerned submitted a request for a review of the decision of 4 January 2023 and an appeal to Independent Social Welfare Appeals Office (SWAO).

I can confirm that, following a review, the decision of 4 January 2023 was upheld as, in addition to the dates above, they again failed to provide information requested by the SWI on12 June 2023. The person concerned was notified of this decision on 10 August 2023.

In addition, the original decision was upheld and the appeal was disallowed by the SWAO. The person concerned was notified directly by the SWAO regarding their appeal on 3 October 2023.

An Appeals Officer’s decision is final and conclusive in absence of any fresh facts or evidence. It is open to the person in question to reapply for DA. An application form was posted to the person concerned on 4 March 2024.

I can confirm that, if they submit a new application, this will be considered from the date of receipt of an application. They will need to provide all the requested information regarding their means for a decision to be made on their DA entitlement.

I trust this clarifies the matter for the Deputy.

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