Bernard Durkan (Kildare North, Fine Gael)
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1255.To ask the Minister for Employment Affairs and Social Protection the progress in the determination of an application for a one-parent family payment in the case of a person (details supplied); and if she will make a statement on the matter. [31389/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department provides a range of income supports for people who are parenting alone including the One-Parent Family Payment.

One-Parent Family Payment (OPFP) is a payment for parents under age 66 who are not cohabiting, and whose youngest child is under 7. A person will usually stop getting OPFP when their youngest child turns 7 at which point, they can apply for a Jobseeker’s Transitional Payment (JST).

An application for a OPFP was registered for the person concerned on 26/06/2024. On the same day, the following information was sought from the person in support of their application:

• Proof of address
• 3 months bank statements for all accounts held

When this information is received the person’s OPFP application will be processed promptly, and they will be advised of the outcome in writing.

I trust this clarifies the matter.

Fergus O'Dowd (Louth, Fine Gael)
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1256.To ask the Minister for Employment Affairs and Social Protection to review a case (details supplied) whereby a person who was diagnosed with stage-four breast cancer has been unable to access social protection supports due to an HSE settlement; and if she will make a statement on the matter. [31402/24]

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 originally received an application for DA from the person concerned on 24 July 2017 and they were awarded DA with effect from 26 July 2017. The person wrote to the Department on the 14 July 2022 regarding a change in their circumstances and advising that they no longer met the conditions for DA due to receipt of a legal settlement.

The means assessment rules for Disability Allowance are provided under Part 2 of Schedule 3 of the Social Welfare Consolidation Act 2005 (as amended) (SWCA 2005). Rule 1(2) of this part provides that all income in cash or non-cash benefits will fall for assessment, with specified exceptions, while Rule 1(1) provides that property/land (including Savings, Shares and investments) belonging to the customer which is not being personally used and enjoyed and is capable of being put to profitable use, is assessable on a capital basis.

Sources of income that can be disregarded for means purposes are set out in items 1 to 19 of Table 2 of Schedule 3 of the SWCA 2005 and under Article 155 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (SI 142/07).

Following a review of the evidence supplied in support of this person’s review, their entitlement for DA was disallowed as their means were in excess of the statutory limit allowed for receipt of DA. The legal settlement received was not covered under legislation to be disregarded for means purposes.

The person concerned was notified in writing of this decision on 16 May 2023 and of their right to request a review of this decision or to appeal directly to the Social Welfare Appeals Office (SWAO).

A further review of this decision was carried out. The original decision was upheld, and the person concerned was notified in writing of this decision on 21 August 2023 and of their right to request a review of this decision or to appeal it to the SWAO.

The person concerned appealed that decision to the Social Welfare Appeals Office (SWAO) on 31 August 2023. Having examined this case, the Appeals Officer upheld the Department’s decision and the person concerned was notified of the outcome in writing on 12 October 2023.

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.