Written answers
Wednesday, 22 January 2025
Department of Employment Affairs and Social Protection
Social Welfare Eligibility
James Lawless (Kildare North, Fianna Fail)
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842. To ask the Minister for Employment Affairs and Social Protection if the case of a person (details supplied) will be examined; and if she will make a statement on the matter. [46264/24]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Disability Allowance (DA) is a means-tested payment for people with a specified disability whose income falls below certain limits and who are aged between 16 and are under 66.
The Department periodically reviews claims in payment to ensure that there is continued entitlement to that payment. In this case the means of the person concerned were reviewed in line with DA eligibility. All other qualifying conditions for this person are deemed eligible.
Means are any income belonging to the person in receipt of DA and their spouse, civil partner, or cohabitant, a property (except their own home), or an asset that may provide them with income. Where there are multiple income sources or assets an assessment may be complex and may require clarifications to be sought to ensure an individual receives their exact entitlements.
When assessing the means of the person concerned for DA, a property was not assessed.
The person concerned provided the annual balancing statement from Standard Life. When assessing the means belonging to the person concerned the Transfer Value (the amount of the pension fund accessible to the customer adjusted for any early encashment) was used. This is the amount to be assessed in accordance with Rule 1(1) of Part 5 Schedule 3 of the Social Welfare Consolidation Act 2005 (as amended).
These funds reported and held within his Approved Retirement Fund (ARF) are fully assessable on a capital basis for DA means purposes. Approved Minimum Retirement Funds (AMRFs) and Approved Retirement Fund (ARF) pension funds are deemed similar to funds in a bank account in terms of accessibility. Therefore, the current value of the AMRF/ARF is treated as capital for means assessment purposes for DA means purposes.
As no new evidence relating to the assessment of the means of person concerned have been submitted it has been determined that the decision of 4th November 2024 remains unchanged.
The person concerned was notified on 9th November 2024 of this decision, the reason for it and his right of review and/or appeal.
I trust this clarifies the position for the Deputy.
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