Decisions in relation to entitlement to social welfare payments are bound by the relevant provisions of the Social Welfare Consolidation Act, 2005, as amended, and associated regulations. The legislation provides for an equitable, fair and transparent decision-making process in conjunction with the control of social welfare schemes.
I will set out the main provisions to assist the Deputy; however, this is for information purposes and should not be considered a legal interpretation.
The legislation regarding eligibility for Disability Allowance is set out in section 210 of the Social Welfare Consolidation Act 2005, as amended. The relevant regulations are in sections 137-140 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.
Following a recommendation in the Make Work Pay (for people with disabilities) report, a change in the legislation was introduced in 2019, which removed the requirement that work must be ‘rehabilitative’ in nature, in order for persons in receipt of Disability Allowance to take up employment.
There have been no recent changes in respect of the medical evidence required for this scheme in legislation or regulations.
The legislation regarding Invalidity Pension is sections 118-122 of the Social Welfare Consolidation Act 2005. The relevant regulations are in sections 76-78 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007.
There have been no recent changes in respect of the medical evidence required for this scheme in legislation or regulations.
Under the provisions of Section 311 of the Social Welfare Consolidation Act 2005, if a person is dissatisfied with a statutory decision of the Department including the outcome of a review, they can submit a request for an independent appeal of the decision to the Social Welfare Appeals Office.
