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Social Welfare Code

Dáil Éireann Debate, Tuesday - 18 November 2025

Tuesday, 18 November 2025

Questions (715)

Richard Boyd Barrett

Question:

715. Deputy Richard Boyd Barrett asked the Minister for Social Protection his views that it is appropriate that officials in his Department infer lack of qualifying disability from blank sections of disability allowance paperwork; and if he has satisfied himself that the systems in place to determine eligibility for the allowance are sufficiently accommodating of transient and conditional manifestations of disability, which are medically well-recognised. [63267/25]

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Written answers

Disability Allowance 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, a means test and the habitual residency condition.

Assessments of medical eligibility for Disability Allowance are based on medical reports and all evidence supplied by the applicant and the applicant’s treating physician. In arriving at their decision on eligibility, a Deciding Officer will review all evidence available, including that provided by the applicant's own doctor. They will also have regard to the opinion of the Department’s medical assessor. The Department’s medical assessors are fully qualified medical practitioners who have experience and specialist training/qualifications in occupational medicine as well as in human disability evaluation.

The medical assessment processes for Disability Allowance is designed to evaluate a wide spectrum of medical conditions. The assessment is not merely based on the diagnosis alone, factors taken into account are the severity, duration, prognosis and functional impact in each individual case.

The medical assessment process involves comprehensive review of all submitted medical information for objective evidence of frequency and severity of exacerbations, the functional limitations during these periods, and the prognosis.

Where symptoms are transient and conditional, applicants may use the provided sections in the Disability Allowance application form (DA1) to describe the variability of their symptoms, explaining how often & for how long, these periods occur, and if required attach additional pages, where a section is left blank the medical assessor gleans this information from the overall evidence submitted.

The medical assessor will give due consideration to the cumulative effect of a fluctuating illness over time, the resulting impact on activities of daily living and capacity for work.

Medical opinions are based on the evidence at the time of application. If a person’s condition changes or deteriorates, they have the right to request a review of their case at any time.

I can confirm that the Department received an application for DA from the person concerned on 16 April 2025. They subsequently withdrew the claim on 22 April 2025. They then requested their claim be reopened on 19 August 2025 and additional information was sought by the Department. Based on the evidence supplied, the application was disallowed on the grounds that the medical qualifying condition was not satisfied.

The person concerned was notified in writing of this decision on 02 October 2025 and was given the right to request a review and/or appeal of this decision.

I can confirm on 28 October 2025, the person concerned submitted a request for an appeal of the decision to Social Welfare Appeals Office (SWAO).

The original decision was upheld and the appeal was disallowed by the SWAO. The person concerned was notified directly by the SWAO regarding their appeal on 31 October 2025.

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

I trust this clarifies the matter for the Deputy.

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