Written answers
Tuesday, 11 June 2024
Department of Employment Affairs and Social Protection
Social Welfare Eligibility
Pádraig Mac Lochlainn (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
472.To ask the Minister for Employment Affairs and Social Protection the criteria and checklist used to assess an application by a person for disability allowance. [25218/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source
Disability allowance (DA) is a means-tested payment for people with a specified disability who are aged 16 or over and under the age of 66. The applicant must be suffering from an injury, disease, congenital deformity or physical or mental illness or defect which has lasted for one year or is expected to last for one year and, as a result of which, they are substantially restricted in undertaking work which would otherwise be suitable having regard to the person’s age, experience and qualifications. The person must also satisfy a means test and be habitually resident in the State.
When making a decision, Deciding Officers (DO) are bound by the Social Welfare Acts and Regulations. This legislation includes provision for the DO to seek the opinion of a Medical Assessor (MA) in respect of whether or not a person satisfies the medical conditions for schemes such as DA. The MAs are fully qualified medical practitioners with several years of experience in a variety of medical fields. Their opinions are informed by medical experience and clinical judgement, recognising the bio-psycho-social model of disability.
Where an MA provides an opinion, the DO shall have regard to that opinion in deciding if the person is incapable of work. Each application is decided on its own merits. Both the MA and the DO take into account the vocational and educational experience of the claimant as well as their age and medical conditions when deciding if sufficient evidence has been provided to satisfy the qualifying criteria for DA.
Social Welfare Legislation provides that the means test takes account of the income and assets of the person (and spouse) applying to the scheme. Income and assets include income from employment, self-employment, occupational pensions, maintenance payments as well as property owned (other than the family home) and capital such as savings, shares and other investments. The weekly rate of DA payment depends on the amount of weekly means assessed.
The applicant must also be Habitually Resident in the state and may have to provide supporting documents to prove this in order to meet this requirement.
All answers on the DA application form are used assist in the DO in determining a person's entitlement.
I trust this clarifies the matter for the Deputy.
No comments