James Geoghegan (Dublin Bay South, Fine Gael)
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1465. To ask the Minister for Employment Affairs and Social Protection if he will consider a matter regarding a disability allowance (details supplied); and if he will make a statement on the matter. [20626/25]

Dara Calleary (Mayo, Fianna Fail)
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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.

My Department received an application for DA from the person concerned on 9 August 2024. Based on the evidence supplied in support of this application, it was disallowed on the grounds that they failed to provide sufficient information enabling the Deciding Officer (DO) to determine if their means exceeded the statutory maximum allowed under the DA Scheme. The person in question failed to provide all the information requested by the Social Welfare Inspector (SWI) on 28 August 2024. In addition, DA was disallowed on the grounds that the medical qualifying condition was not deemed to have been satisfied.

The person concerned was notified in writing of this decision on 24 October 2024 and they were given the right to a review and / or an appeal.

I can confirm that a request to appeal the decision of 24 October 2024 was sent to the Social Welfare Appeals Office (SWAO) on 4 December 2024.

Based on the available medical evidence, the Appeals Officer decided that the person concerned satisfied the medical criteria and, as a result, the medical element of the appeal was successful. However, the original decision that insufficient information was provided to the Department for the means criteria to be established was upheld by the SWAO. Social Welfare legislation requires that the Department must be satisfied as to the identity and circumstances of a claimant and there is an onus on the claimant to present their circumstances as required.

The person concerned was notified directly by the SWAO regarding their appeal on 19 March 2025.

An Appeals Officer’s decision is final and conclusive in the absence of any fresh facts or evidence.

The person concerned can request a review by an Appeals Officer (AO) under Section 317 of the Social Welfare (Consolidation) Act 2005 where new facts or evidence are provided which were not before the AO when they made their decision which, had the information been submitted, would have rendered the decision erroneous.

If the person concerned wishes to request a review of the Appeals Officer’s decision under Section 317, they should specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.

I trust this clarifies the matter for the Deputy.