Duncan Smith (Dublin Fingal East, Labour)
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82. To ask the Minister for Employment Affairs and Social Protection to review a decision to remove disability allowance from a person (details supplied); to clarify if the payment will be reinstated; and if he will make a statement on the matter. [26177/25]

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 conducts reviews to ensure continuing eligibility and to confirm that the qualifying conditions continue to be fulfilled and that no disqualifications from receiving Disability Allowance apply.

My department initiated a medical review of the person concern on 3rd May 2024 with the issuing of a Medical self-review form (MR99). This was returned to my department on 10th June 2024. Following a review of the medical information provided, the customer concerned was deemed not eligible and a further medical form, to be completed by his doctor (MR33) was issued on 18th June 2024. This information was returned on the 8th July 2024 and a review of this information was undertaken by a departmental medical assessor, and they provided a not eligible medical opinion to the deciding officer for their consideration.

A Natural Justice letter (NJ1) issued to the person concerned on 10th January 2025 informing them that based on the evidence submitted, it had found him to be not substantially restricted in seeking suitable employment, by reason of a specified disability, which is expected to last for a period of at least one year and affording him a right of reply. No response was received from the person concerned and, on 7th March 2025, a further Natural Justice letter was issued informing them that their last payment of Disability Allowance would be on 26th March 2025 and be terminated thereafter. The letter further stated that they had the right of review and/or appeal of this decision.

The person concerned has not sought either a review and/or appeal to date.

I trust this clarifies the position for the Deputy.