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Social Supports and People with Disabilities. Dr. Eilionóir Flynn, Centre for Disability Law and Policy, NUIG. Overview. Disability-specific social welfare payments – (means tested payments and benefits based on PRSI contributions)
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Social Supports and People with Disabilities Dr. Eilionóir Flynn, Centre for Disability Law and Policy, NUIG
Overview • Disability-specific social welfare payments – (means tested payments and benefits based on PRSI contributions) • Other supports for employment, education, social and and personal support • Appeals and complaints processes
Background • Department of Social Protection – welfare payments • Most people with disabilities get day-to-day support from families and disability service providers – voluntary bodies funded by the HSE • Entitlements to any of these supports not guaranteed
Disability Allowance • Physical, sensory, intellectual disability or mental health problem expected to continue for at least 1 year • 16-66 years of age • Means test > €120 per week counted as income • Habitual Residence Condition
Blind Pension • Blind/serious visual impairment 18 years and over • Means test > €120 per week (rehabilitative employment) counted as income • Free Travel Pass and may qualify for blind welfare allowance (also means tested)
Occupational Injuries Benefits (PRSI payers) • Injury benefit (unable to work,26 weeks from date of accident) then illness benefit/DA • Disablement benefit (loss of physical/mental faculty, do NOT have to be unable to work) – incapacity supplement (if not entitled to illness benefit) • Constant attendance allowance (personal care needs due to disability acquired at work)
Personal Assistance • No one national system of eligibility and applications • Apply to individual service providers e.g. Centre for Independent Living, Irish Wheelchair Association • Or to Disability Area Manager, HSE (Denise Donlon, Disability Care Co-ordinator, 091 775852)
Assisted Living (IWA) • Personal care (washing/dressing), domestic care (cooking/feeding), social support (shopping/outings), essential overnight/weekend care and assistance to access employment/education • Self directed or supported package (service coordinator administration) • Galway office phone - 091 7715 email - galway@iwa.ie
Disability Officer, NUIG • Register with DSS, Evidence of Disability form, FULL time students only • Supports include: additional tutorials/grinds, special exam requirements, materials in alternative formats, etc.
National Advocacy Service • People with disabilities who cannot access their entitlements on the basis of disability (children and adults) • Advocate’s role is to support person to assert their rights, not to decide what is in their ‘best interest’ • Josephine Keaveney (086 0201095) Advocacy Manager for the Western Region
Appeals and Complaints • Social welfare appeals process • Internal complaints within service providers • HSE ‘Your Service Your Say’ Complaints process • Ombudsman
Social Welfare Appeals Office • Complain in writing within 21 days • Ask DSP to review – may consider new evidence • May be informal oral hearing – don’t need legal representation but is allowed • Decision of Appeals Officer generally final http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/social_welfare_appeals.html
Service provider complaints process • http://www.brothersofcharity.ie/galway/complaints.pdf • General guidelines: complain in writing, within a reasonable time frame from when the incident occurred • Many service providers have Human Rights Review Committees who also hear complaints about human rights violations
HSE Your Service Your Say • http://www.hse.ie/eng/services/ysys/Complaint/ • Attempt to resolve locally, or complaints officer will review within 30 days • Director of Advocacy can review this decision within 30 days • If unsatisfied, approach the Ombudsman’s Office
Ombudsman • Complaints about all public bodies • Within 12 months of incident, attempt to resolve with body first • Ombudsman Link Service: Galway Citizens Information Centre, Augustine House, St. Augustine Street, Galway • Complaints handled informally, sometimes investigation required
Useful resources • http://www.citizensinformationboard.ie/publications/providers/factsheets/ • http://www.citizensinformationboard.ie/publications/providers/downloads/Entitlements_Disabilities.pdf • http://www.citizensinformation.ie/en/social_welfare/social_welfare_payments/social_welfare_payments_and_work/disability_payments_and_work.html