Written answers

Wednesday, 22 January 2025

Department of Employment Affairs and Social Protection

Social Welfare Eligibility

Photo of Aidan FarrellyAidan Farrelly (Kildare North, Social Democrats)
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910. To ask the Minister for Employment Affairs and Social Protection if she will provide an update in respect of a person (details supplied); and if she will also outline to the person directly the entitlements that they can avail of. [2141/25]

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.

I confirm that my department received an application for DA from this person on 09 October 2024.

Based on the evidence supplied in support of this person’s application, her application for DA was disallowed on the grounds that the means qualifying condition was not satisfied. The person concerned was assessed with means of €585.76 which exceed the statutory limit of €494.00, which was allowed under the DA Scheme. Means derived from the Person Concerned, Spouse’s Employment.

The person concerned was notified in writing of this decision on 13 December 2024.

Social Welfare Legislation provides that the means test takes account of the income and assets of the person (and spouse/partner if applicable) applying to the relevant scheme. Income and assets include income from employment, self-employment, occupational pensions, as well as property owned (other than the family home) and capital such as savings, shares and other investments.

The person concerned requested an appeal, of her DA Decision, with the Social Welfare Appeals Office (SWAO) on 27 December 2024.

Invalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the PRSI contribution conditions.

For IP claimants must have at least 260 (5 years) paid PRSI contributions class (A, E, H or S) since entering social insurance and 48 contributions paid or credited in the last or second last complete contribution year before the relevant date of their Invalidity Pension claim.

The Department received an application for IP for the person concerned on 09 October 2024. It was decided that the relevant year for in this case is 2024. According to the Department’s records, the person referred to does not have the required 48 qualifying contributions paid or credited in either of the 2 contribution years immediately prior to 2024. Therefore, she was refused IP on the grounds that the qualifying contribution conditions for the scheme are not met. Notification issued to the person in question on 09 December 2024 informing her of this decision, the reasons for it and of his right of further review and appeal.

The person concerned has appealed the decision to refuse her application for IP and her file was sent to the SWAO on 06 January 2025 for further determination by an Appeals Officer.

The person will be notified directly regarding the outcome of both appeals by the SWAO.

If an applicant for DA or IP is not receiving another payment, they may be eligible for an interim payment via the Supplementary Welfare Allowance (SWA) scheme while they await a decision or the outcome of an appeal.

I trust this clarifies the matter for the Deputy.

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