Operational Guidelines: Disability Allowance
From Department of Social Protection
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From Department of Social Protection
Published on
Last updated on
Disability Allowance is a means-tested payment for people with a specified disability whose income falls below certain limits and who are aged between 16 and are under 66.
The scheme was introduced on 2 October 1996 and replaced the Disabled Person's Maintenance Allowance which was administered by the Health Boards.
A person in receipt of Disability Allowance can take up employment or self-employment. The first €165 of weekly income from that employment (after deduction of PRSI, pension contributions and union dues) is disregarded for the purpose of the means test. 50% of their weekly earnings between €165 and €375* is then disregarded for the purpose of the means test. Any further earnings, over €375 per week, are fully assessed for the purpose of the means test.
* earning’s between €140 and €350 are assessed at 50% from January to June 2022
Your Guide to our Schemes and Services: Illness, Disability and Caring
In this guide you will get an overview of some of the main ways the department can help if you become ill or disabled, either on a temporary or permanent basis. It also tells you about schemes that may help if you are caring for someone who is ill or disabled and how to access supports if you need them. Updated: July 2024
The main provisions relating to Disability Allowance are contained in Chapter 10 (PART 3) of the Social Welfare Consolidation Act 2005 as amended, Chapter 5 (PART 3) of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 S. I. No. 142 of 2007, as amended, the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 10) (Assessment of Means) Regulations 2024 – S.I. No. 433 of 2024 and the Social Welfare (Consolidated Claims, Payments and Control) (Amendment) (No. 11) (Disregard of Proceeds from Sale of Principal Residence – Disability Allowance, State Pension (Non-Contributory) and Blind Pension) Regulations 2024 – S.I No.613 of 2024.
The Scheme is administered by:
To qualify for Disability Allowance a person must:
The medical criteria which must be satisfied in order to qualify for Disability Allowance are:
and
This would mean that the person's capacity to undertake or carry out work would be substantially less than that of a person without the specified disability in question.
The application form requires claimants to give details relating to their level of education and work history, in addition to how their medical condition affects their life and ability to work. Their own doctor must complete a medical report on their medical condition, which outlines various aspects of their medical condition. The departmental Medical Assessors may give an opinion on the evidence submitted as to the nature and extent of the disability and its effect on the person's capacity to work.
From 1 May 2004 anyone regardless of nationality, making a claim for Disability Allowance, is required to satisfy a habitual residence condition (HRC). Please see guidelines Habitual Residence Condition .
For the purposes of Disability Allowance, means are calculated in accordance with Part 2 of Schedule 3 of the Social Welfare Consolidation Act 2005 as amended. (See Chapter "Means Assessment" and "Farm Means").
Where a claimant is married/in a civil partnership/ co-habiting, the following provisions apply:
If a spouse/civil partner/cohabitant is not in receipt of a social welfare payment in their own right (other than Disablement Benefit, Family Income Supplement or Child Benefit) or is not participating on certain approved course(s), where the rate of allowance payable is equivalent to the maximum rate of Jobseeker's Allowance, then the weekly means assessed are deducted from the full family entitlement to disability allowance (full personal rate, full qualified adult rate and full rate for qualified child(ren)) to arrive at the weekly rate of Disability Allowance payable.
Where the spouse/civil partner/cohabitant is in receipt of a social welfare payment in their own right other than half-rate Carer’s Allowance, Disablement Benefit, Family Income Supplement or Child Benefit or is participating on certain approved course(s), where the rate of allowance payable is equivalent to the maximum rate of Jobseeker's Allowance, the means will be halved and will be deducted from the maximum personal rate and half rate child dependent allowance to arrive at the weekly rate of disability allowance payable.
Under the new means assessment arrangements introduced from 26 September 2007, spouses/civil partner’s/cohabitant’s earnings are calculated as gross earnings less PRSI, Superannuation and Union dues (since March 2009 pension levies are also deducted). Where the spouse/civil partner/cohabitant 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 all other cases the balance is assessed at 100%. The disregard of €20 per day only applies to insurable employment.
A saver clause applies if the claimant was in receipt of a higher rate of disability allowance on 26 September 2007 than s/he would have been entitled to under the new means assessment provisions. If the claimant should cease entitlement to disability allowance for a period greater than four weeks, the saver clause no longer applies. Under the saver clause if a claimant qualifies for payment of the full increase in respect of a qualified adult and the spouse/civil partner’s/cohabitant’s means are under €76.18, full means are deducted from the scheduled rate. If the spouse/partner's means exceed €76.18 then the means are halved.
If the claimant does not qualify for full increase in respect of a qualified adult (e.g. the spouse/civil partner/cohabitant is in receipt of a SW payment) or is only entitled to a reduced rate of increase in respect of a qualified adult (e.g. spouse’s/civil partner’s/cohabitant’s gross earnings are such that a tapered qualified adult rate applies) - half of the total means are deducted from the scheduled rate of payment.
Before calculating means derived from a spouse's/ civil partner’s/cohabitant’s insurable employment, the following disregards are applied:
1) €100 (travel Inclusive) for working 4/5 days a week, or
2) €50 together with any travel expenses necessarily incurred for working 1/2/3 days a week
If spouse/partner is working outside the island of Ireland the disregard is €152 per week. The disregard of €152 of a spouse/partner’s weekly earnings in another State does not apply to claims for disability allowance made on or after 26th September 2007.
Maintenance payments from a former spouse/civil partner/cohabitant are assessed as means. Vouched housing costs, either rent or mortgage, of up to €95.23 per week may be offset against maintenance payments with half the balance of the maintenance payment being assessed as means to establish the rate of Disability Allowance payment.
From the week starting 4 June 2024, child maintenance payment is no longer included in a means test. Maintenance payments that are not child maintenance will continue to be means-tested.
Where a person was in receipt of Disabled Person's Maintenance Allowance at 1 October 1996; their entitlement continued automatically.
Disability Allowance payments, including increases for dependent adults or children and other Allowances paid with the payment, are fully exempt from income tax, PRSI and USC.
A claimant will be disqualified from receiving Disability Allowance if s/he fails, without good cause, to:
The restriction on payment of full rate disability allowance to persons who are in full time residential care was abolished from 3 January 2007.
The position prior to 3 January 2007 was that Disability Allowance was not payable where a claimant was resident in an institution, where the cost of their maintenance was being met in whole or in part by The Health Service Executive * except - where the person had an existing entitlement to Disability Allowance and they went into hospital or institutional care after 1 August 1999, then payment of his/her Disability Allowance continued as long as he/she satisfied the qualifying conditions for award of Disability Allowance
or
if they entered the hospital or institution before 1 August 1999, they were resident there on a temporary basis to receive medical or other treatment for a period not exceeding 13 weeks, i.e. payment of Disability Allowance stopped after 13 weeks.
Since 4 June, 1997, Disability Allowance had been payable at half the appropriate rate in respect of any week where a claimant (under an arrangement with the institution) resides outside the care facility for two or three consecutive days a week, once that week is part of a period of not less than four consecutive weeks. In addition, from 4 June 1997, the full appropriate rate of Disability Allowance was payable in respect of an arranged period spent on holidays within the State and outside institutional care. The period on holidays must be of at least 3 consecutive weeks.
People in residential care who had been receiving half rate Disability Allowance were paid at full rate from 3 May 2000. After 1 August 1999 persons who were in receipt of the holiday payment for 3 consecutive weeks were put onto full rate Disability Allowance on return to the institution.
An 'institution' for this purpose means a hospital, convalescent home or home for persons suffering from physical or mental disability or ancillary accommodation, nursing home for the care and maintenance of dependent elderly people and any other establishment providing residence, maintenance or care where the cost of a person's maintenance therein is being met in whole or in part by or on behalf of the Health Service Executive.
The definition does not include, however, community based houses or hostels, sometimes called "Low Support Hostels" funded or approved by the Health Service Executive. Disability Allowance was payable to persons who were resident there provided that the Health Service Executive is not funding their maintenance.
From January 2005, the Health Boards were replaced by the Health Service Executive.
For persons who were resident in an institution and were not eligible for Disability Allowance because their maintenance was being met in whole or in part by the Health Service Executive, a special €35 - Disability Allowance personal expenses rate – was payable from 1 June 2005. The payment was made by direct payment to the institution where the person resided. The institution transferred the full payment to the individual account of the person. This arrangement was covered in the service level agreement signed between the Department of Social Protection and the residential institution concerned.
Persons who were in receipt of this disability allowance personal expenses rate became entitled to full rate disability allowance from 3 January 2007.
Disability Allowance is not payable for any period in respect of which the claimant is resident away from the State except where the person is pursuing an approved second or third level courses of education outside the State under the Back to Education Allowance (BTEA) Scheme (see Chapter " Back to Education Programmes") or while receiving medical treatment which is not available in this State. The claimant must notify the department and furnish the required details before leaving the State in order for a determination to be made regarding their continued entitlement to a payment.
People in prison or detained in legal custody are not entitled to payment of Disability Allowance as their restriction in undertaking employment is not solely due to their medical condition.
A person is disqualified for payment of Disability Allowance for any period exceeding 7 days before the date on which the claim is made. (See also Late Claims in Part 2 hereunder).
See also Chapter on "Claims and Late Claims".
Payment is made up of a personal rate and increases in respect of the claimant's spouse/ civil partner/cohabitant and each child dependent. The rate band begins at €7.60, then the rate is reduced by €2.50 for every €2.50 of means, (or part of €2.50).
Under a new means assessment introduced under the Social Welfare (Consolidated Claims, Payments and Control)(Amendment) (No. 5) (Assessment of Earnings) Regulations 2007 S.I. No 700 of 2007 which came into effect on 26 September 2007 a family rate less means applies where the spouse/civil partner/cohabitant of the Disability Allowance claimant does not have a social welfare payment in their own right. The family rate is based on full personal rate, a full qualified adult rate and full child dependent rate less means.
A saver clause applies if the claimant was in receipt of a higher rate of disability allowance on 26 September 2007 than s/he would have been entitled to under the new means assessment provisions. If the claimant should cease entitlement to disability allowance for a period greater than four weeks, the saver clause no longer applies. Under the saver clause an Increase for a Qualified Adult is normally payable where the claimant is married or cohabiting with another person as husband and wife unless the spouse or civil partner or cohabitant has weekly income exceeding €310 per week. Where the claimant's spouse/civil partner/cohabitant has weekly income of between €100 and €310 per week, a reduced increase for a qualified adult is payable. However payment of child allowance at full rate will continue where spouse/civil partner/cohabitant income does not exceed €310 per week.
See Chapter on "Increases - Increase for a Qualified Adult" for further details and particulars of the other conditions that apply.
Child Support Payment (previously known as Increase for a Qualified Child) is payable for each child under age 18 who is normally resident with and is being maintained by the claimant. Child Support Payment is also payable in respect of a child who is in full-time education by day at a recognized school or college up to the end of the academic year in which s/he reaches age 22. See also Chapter on "Increases - Child Support Payment" for further details and for information on the circumstances where only half-rate Child Support Payment is paid.
Free Travel, Household Benefits Package - Electricity/Natural Gas/Bottled Gas Refill Allowance, Free Television Allowance, Free Fuel Allowance and certain Supplementary Welfare Allowance (SWA) payments may be paid in conjunction with Disability Allowance subject to satisfying the respective conditions of these other payments. See Chapters "Free Travel", "Household Benefits Package", "National Fuel Schemes", "Rent Allowance" and "Supplementary Welfare Allowance".
Living Alone Increase is payable to persons in receipt of Disability Allowance from 4 April 2001, if the person lives entirely alone [see Chapter "Living Alone Allowance"]
From 6 June 2018, this increase is paid automatically to those who qualify for both the Living Alone Allowance and the Free Fuel Allowance.
Increase for Living on a Specified Island is a weekly payment made to persons in receipt of Disability Allowance from 2 April 2003, who ordinarily live on a specified island off the coast of Ireland [see Chapter "Island Allowance"].
Disability Allowance is payable in addition to Disablement Benefit, Family Income Supplement, Child Benefit and Death Benefit. No other benefit or allowance is payable with Disability Allowance to or in respect of the same person in respect of the same period. This applies to payments made to the claimant and payments made in respect of the claimant's spouse/civil partner/cohabitant.
From 27 September 2007 a person who is claiming a social welfare payment (other than Carer's Allowance or Carer's Benefit) or being claimed for as a Qualified Adult and who is providing full time care to another person may now apply for Carer's Allowance and retain their current payment in full. If they satisfy the conditions for Carer's Allowance it will be awarded at 50% of the personal rate they would qualify for if they were not in receipt of any other payment. They will also be eligible for Household Benefits and a Free Travel Pass.
* A person may not receive Jobseeker's Benefit/Allowance, Back-to-Work Allowance or Family Income Supplement and 1/2 rate Carer's Allowance but they may be a qualified adult on these payments and receive 1/2 rate Carer's Allowance.
See "Carer's Allowance" guidelines for more information.
Under the legislation the onus is on a person to apply if s/he believes that s/he may have an entitlement to payment. The Disability Allowance claim form DA1 should be completed in full and signed by the claimant. The person should state his/her Personal Public Service Number [PPS no.]. If s/he has no PPS no. he/she should apply to their local INTREO Centre and a new PPS no. will be allocated and should be quoted in all future correspondence.
The claimant should forward all relevant documentation as requested. However this may be submitted after the initial claim is made rather than delaying the claim in order to obtain it.
An acknowledgement of each claim is issued via SMS upon receipt of the claim where claimants have provided their mobile number.
The claim should be made within 7 days of the start of entitlement. However, the claim may be backdated for up to 6 months where the person can prove to the satisfaction of the Deciding Officer or Appeals Officer that s/he satisfied the qualifying conditions during that period and that throughout the period of delay there was good cause for delay in making the claim.
Further back-dating may also be possible in certain circumstances:
or
See separate guidelines on 'Claims and Late Claims'.
Claimants of Disability Allowance are responsible for the production of certificates, documents, information and evidence required, including Birth Certificate, Marriage Certificate (if applicable), medical evidence and details of means such as a current payslip, etc. It is not necessary to furnish a birth certificate if born in the Republic of Ireland or marriage certificate if married in the Republic of Ireland.
A medical certificate is incorporated into the claim form (DA1) which must be completed and signed by the claimant's General Practitioner (GP) or Consultant.
A decision on entitlement cannot be made until all the necessary documentation has been provided.
When all the documentation necessary to make a decision on a claim has been received, the file will be referred to a Deciding Officer for decision.
Where any question arises about the fulfillment of a condition (e.g. the means of the claimant) further enquiries will be made, either by correspondence or by referring the file to a Social Welfare Investigator for investigation.
Where the claimant is unable to act on his or her own behalf because of incapacity, an agent can be appointed to act for him or her, on foot of a Social Welfare Investigator's report. (See also Guidelines for SW Inspectors).
The department's Medical Assessors may give an opinion to a Deciding Officer on the medical eligibility of a claimant. (See Chapter "MED_ASSESSMENT").
Claims are decided by Deciding Officers appointed by the Minister under Section 299 of the Social Welfare Consolidation Act 2005. A notification of the decision is issued to the claimant, and when claims are disallowed or allowed at reduced rates the claimant is given a full explanation of the reason for the disallowance or partial award.
Where it is evident that a person does not fulfill the age condition, the claim may be disallowed on that basis before the investigation of the medical condition, the means test and the habitual residency condition is complete.
If the person feels that the decision is based on information about their circumstances which is incorrect or out of date, the person may submit the up to date information to Disability Allowance Section for a revised decision.
The person also has a right to appeal the decision directly to:
Disability Allowance is paid weekly in advance on a Wednesday. The date of the first payment is the Wednesday following the effective date of claim.
There are two methods of payment:
See also Chapter on "Payment Related Issues" with regard to Time limit on cashing payments and Appointment of agent.
As it is necessary to establish that the claimant satisfies the habitual residency, the medical and means criteria for the award of Disability Allowance and as award of Disability Allowance is from Wednesday following receipt of claim or an earlier date, if the claim is backdated, arrears are frequently payable.
Arrears are not calculated until the Disability Allowance claim has been put into payment. Any payments of Supplementary Welfare Allowance or other primary Social Welfare payments in the period between the date from which Disability Allowance is awarded to the date Disability Allowance is put into payment are deducted from the arrears before payment issues.
Arrears payments are paid by Electronic Information Transfer (EIT) to the customers chosen Post Office or by Electronic Fund Transfer (EFT) into a Bank Account.
Disability Allowance is payable as long as the claimant:
In the event of the death of a Disability Allowance claimant or his/her qualified adult or dependent child(ren), the full rate of payment will continue for a period of 6 weeks after the death. (See Chapter on "Payment Methods" re entitlement under these circumstances)
Stop dates are inserted in the department's payment system as appropriate - to stop the allowance at pension age; to withdraw a Child Support Payment when the child reaches 18 or the end of the academic year in which the child reaches age 22. In the case of a claimant reaching pension age, a claim form for State Pension (NonContributory) is issued three months in advance of that date by State Pension Section.
See Chapter on "Payment Related Issues re action to be taken when a Public Service card is lost or stolen or an EFT payment is not received.
The onus is on the recipient of Disability Allowance to notify the department immediately of any relevant changes in circumstances.
The principal changes of circumstances that must be notified to the department immediately as they occur are:
This list is not exhaustive and claimants should notify the department immediately if any changes in their circumstances occur.
Persons in receipt of Disability Allowance can work while in receipt of the allowance but income is assessable as means. The first €165 of weekly earnings and 50% of earnings between €165 and €375* from employment or self-employment are disregarded in any means test. However, any earnings in excess of this amount must be assessed as income and entitlement to Disability Allowance reduced accordingly. From 2nd June 2021, the Disability Allowance income disregard for customers in insurable employment or self-employment will increase from €120 to €140.
From 1st June 2022, the Disability Allowance upper limit of income disregard for customers in insurable employment or self-employment will increase from €350 to €375.
* earning’s between €140 and €350 are assessed at 50% from January to June 2022
From 4 January 2023, the Disability Allowance income disregard for customers in insurable employment or self-employment will increase from €140 to €165.
The notification of employment must be made to the department and should be sent in as soon as the employment commences. In the case of Community Employment Schemes, approval is normally given on foot of certification of placement by SOLAS. In the case of other employment or self employment a letter is required from the person or statement from the employer describing the nature of the employment and the level of remuneration for the work.
If you leave Disability Allowance to take up employment you may have your rate of payment reduced or stopped. If stopped you may retain your free travel pass for 5 years. If your employment ceases and you wish to return to Disability Allowance within twelve months you will be fast tracked back onto Disability Allowance.
The Back to Work Allowance for employees is closed to new applications from 1st May 2009 as a result of the Supplementary Budget of 7th April, 2009. Pre 1/5/2009 claims who continue to satisfy the criteria of the scheme will remain in payment.
Persons getting Disability Allowance for at least 9 months, who wish to become self employed, are eligible to transfer onto the Back to Work Enterprise Allowance Scheme and keep part of their Disability Allowance payments for up to two years.
See Chapters "Back to Work Allowance (Employees) and Back to Work Allowance (Self Employed)
If a person is getting Disability Allowance, they can undertake further educational opportunities without affecting their social welfare entitlement.
If a person is eighteen or over, and is in receipt of Disability Allowance for three months or more and attending a full-time second level course at a recognised school or college or is in receipt of Disability Allowance for twelve months or more and attending a full-time third level course at a recognised school or college, they can avail of the Back to Education Allowance Scheme. The only post graduate course options available are Higher Diploma (H Dip) in Education or Graduate Diploma in Education (Primary Teaching) for BTEA purposes.
If a person is twenty-one or over and in receipt of Disability Allowance for six months or more they can avail of the Vocational Training Opportunities Scheme (VTOS). (See Chapters on "Back to Education Programmes" and "VTOS").
The person will be paid the maximum rate of Disability Allowance and keep any secondary benefits that they already have.
From 23 July 2001 arrangements agreed between the then Department of Enterprise, Trade and Employment and this department were introduced by SOLAS in relation to the payment of training allowances for people with disabilities in further education and training. Under these arrangements for SOLAS-funded training Disability Allowance recipients are eligible for a SOLAS Training Allowance instead of Disability Allowance.
SOLAS will pay participants a standard weekly training allowance of an amount equal to their current Disability Allowance payment (including Living Alone Allowance, Free Fuel Allowance, etc.), whichever is the greater. In addition, they will get a weekly Training Bonus. In all cases, trainees will retain their secondary benefits; i.e. Free Schemes.
Payments of Disability Allowance will be suspended for the duration of the person's attendance on a full time SOLAS training course. If the SOLAS training course is not full time and participants are in receipt of a reduced rate training allowance they will remain on Disability Allowance but the training allowance will be assessed as means and they will receive a reduced Disability Allowance payment.
All Disability Allowance recipients transferring to SOLAS training have been guaranteed under the new arrangements that:
Under Social Welfare legislation, voluntary work is described as ‘light work for which no remuneration is or would ordinarily be payable’. This usually entails work done with voluntary charities or non-profit making organisations.
There is no permission needed for someone on Disability Allowance to engage in voluntary work.
You can volunteer to work any number of hours that the non-profit organization can give you, but if at any stage this becomes paid employment, you must immediately inform the department that you have commenced employment.
A review is initiated when the claimant notifies the department of any changes in his/her circumstances or those of his/her household.
Systematic, periodic reviews are also carried out by the department to confirm that the qualifying conditions (both means, habitual residence and medical) continue to be fulfilled and that no disqualifications from receiving disability allowance apply.
Where a question arises as to whether the conditions for the receipt of Disability Allowance are fulfilled, and initial enquiries fail to establish entitlement, payment may be suspended in whole or in part until the question has been decided. (See Chapter on "Payment Methods" re general powers of suspension.)
Where a person has established an entitlement to the award of credited contributions, these will continue to be awarded for the duration of the period they are in receipt of Disability Allowance and for any period they are participating in the Back to Education Allowance scheme.
Credits may be awarded to persons on Disability Allowance from the date of award of the Disability Allowance claim or from 2nd October 1996 for persons who were awarded Disabled Persons Maintenance Allowance (DPMA) by a Health Board prior to 2nd October 1996 to the date when the claim is stopped. (See separate Chapter "Credits Award").
Documents in respect of Disability Allowance are retained and are not destroyed until six years after termination of claim. A random sample of 10% of files due to be destroyed are retained for archival purposes in accordance with the National Archives Act.