Written answers
Thursday, 1 May 2025
Department of Employment Affairs and Social Protection
Departmental Inquiries
Michael Healy-Rae (Kerry, Independent)
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270. To ask the Minister for Employment Affairs and Social Protection if he will examine the case of a person (details supplied); and if he will make a statement on the matter. [21753/25]
Dara Calleary (Mayo, Fianna Fail)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
I am advised by the Social Welfare Appeals Office that an appeal for this customer was received and registered on the 31st of March, 2025. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.
Should the Department not be in a position to revise the Deciding Officer’s decision in favour of the appellant, the necessary documentation will be forwarded electronically to the Social Welfare Appeals Office. Once that documentation is received, it will be assigned to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.
I trust this clarifies the matter for the Deputy.
Naoise Ó Cearúil (Kildare North, Fianna Fail)
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271. To ask the Minister for Employment Affairs and Social Protection to examine the case of a person (details supplied); and if he will make a statement on the matter. [21812/25]
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 medical assessment, a means test, and habitual residency conditions.
The Department periodically reviews claims in payment to ensure that there is continued entitlement. In this case, the means of the person concerned were reviewed.
Means are any income belonging to the person in receipt of DA and their spouse, civil partner, or cohabitant, property (except their own home), or an asset that could bring in money or provide them with an income, for example occupational pensions, or pensions or benefits from another country.
Under the means assessment arrangements introduced from 26 September 2007, a spouse's earnings are calculated as gross earnings less PRSI, superannuation and union dues (since March 2009 pension levies are also deducted). Where the spouse is engaged in insurable employment, a disregard of €20 per day applies subject to a maximum of €60 per week, and the balance is assessed at 60%.
In the case concerned, the Deciding Officer used the spouse's payslip and, using the allowable deductions, the spouse's means were assessed as €242.02. The person concerned was assessed with capital of €342.00, therefore the total weekly means are €584.02 which exceeds the statutory limit of €406.00. Following the review, it was established that the person concerned does not meet the criteria for DA effective from 30 April 2025. The person concerned was notified on 15 April 2025 of this decision, the reason for it and their right of review and/or appeal.
The Free Travel scheme provides free travel on the main public transport services and on private transport services operating the Free Travel scheme. The person concerned previously established an entitlement to Free Travel Medical (FTM) and will continue to hold an entitlement beyond the 29 April 2025 when their DA ends. A new card will issue to the customer’s address held by the Department.
I trust this clarifies the position for the Deputy.
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