Colm Burke (Cork North Central, Fine Gael)
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903.To ask the Minister for Employment Affairs and Social Protection if she will give due consideration to disregarding as means any payment made to a person arising out of a settlement or award from a court for a medical negligence case in determining entitlement to disability allowance; and if she will make a statement on the matter.[33821/24]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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My Department provides a suite of income supports for those unable to work due to illness or disability. These include insurance-based schemes, based on Pay Related Social Insurance (PRSI) contributions, and means-tested social assistance schemes.

The primary disability related social assistance scheme is Disability Allowance, which is a means-tested payment for people with a specified disability who are aged between 16 and 66. In addition to the means test, in order to be eligible, the disability must be expected to last for at least one year. The allowance is also subject to a medical assessment and a habitual residency requirement.

Eligibility for the Departments income support schemes, such as Disability Allowance, is not dependent on the nature of the illness or disability. Rather, entitlement to these supports is contingent on the extent to which a particular illness or disability impairs or restricts a person’s capacity to work.

Social welfare legislation provides that, for means-tested social assistance schemes, all income and assets belonging to the claimant, and his or her spouse/partner where applicable, is assessable for means testing purposes. The purpose of the means test is to ensure that resources are directed to those with the greatest need for income supports by the State.

However, specific disregards apply for certain sources of income. Social welfare legislation provides for the disregard of certain compensation awards when assessing the means of a person. These disregards include, for example, income derived from compensation awarded by the Hepatitis C and HIV Compensation Tribunals, the Residential Institutions Redress Board and in relation to disability caused by Thalidomide. Also included are ex gratia payments made to women who worked in the Magdalen Laundries, the Symphysiotomy Payment Scheme, the Scoping Inquiry into the Cervical Check Screening and the package of support measures for women diagnosed with cervical cancer since 2008. In addition, other ex gratia scheme payments of compensation include Personal Injuries suffered at the Stardust and persons who suffered harm whilst in the care of Kerry Child and Adolescent Mental Health Service (CAMHS).

It should be noted that Disability Allowance has one of the highest capital disregards operated by the Department of Social Protection. A recipient can have up to €50,000 in savings and still receive the full rate of payment. This is compared to €20,000 for most social welfare payments.

A review of means testing in the Department is underway. The outcome of the review will be used to inform decisions regarding any further changes to means testing, including in the run up to Budget 2025, although all prospective changes to means testing arrangements will have to be considered in both an overall policy and budgetary context.

I trust that this clarifies the matter for the Deputy.