Dáil Éireann Debate, Thursday - 6 February 2025
160. Deputy Ken O'Flynn asked the Minister for Social Protection if he can explain the decision to decline disability allowance for a young lady (details supplied) who has been receiving domiciliary care allowance for over ten years, despite no change in her medical condition; and if he will make a statement on the matter. [3745/25]
Amharc ar fhreagraDisability 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, a means test and the habitual residency conditions.
Domiciliary Care Allowance (DCA) is payable in respect of a child aged under 16 who has a severe disability requiring continual or continuous care and attention substantially in excess of the care and attention normally required by a child of the same age and where the level of that disability is such that the child is likely to require this level of care and attention for at least 12 consecutive months. The person concerned was a care recipient on DCA until they reached 16.
There is no automatic transition from DCA to DA. An application must be made for DA and the individual will have to satisfy the qualifying criteria of this scheme. The qualifying conditions for DA differ from those applying to DCA.
I confirm that the department received an application for DA from the person concerned on 19 November 2024. Based on the evidence supplied with the person’s application, her DA was disallowed on the grounds that the medical qualifying condition was not satisfied.
The person concerned was notified of the decision in writing on 11 December 2024 and advised of their entitlement to request a review and/or to appeal the decision to the Social Welfare Appeals Office (SWAO).
On foot of further medical evidence submitted on 18 December 2024, a review of the decision was undertaken. Following an examination of additional medical evidence, the original decision was upheld. On 9 January 2025, the person concerned was notified of the decision and advised of their entitlement to request a further review and/or to appeal the decision.
A request to appeal the decision to disallow the DA of the person concerned was received on 20 January 2025. Additional correspondence containing further medical evidence, received on 23 January 2025 also requested a review and appeal.
I can confirm that a review of the case is currently being undertaken by both the DA section and the SWAO. The person concerned will be notified directly of the outcome in due course.
I trust this clarifies the matter for the Deputy.
