Social Supports and People with Disabilities Dr. Eilionóir Flynn, Centre for Disability Law and Policy, NUIG.

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Transcript Social Supports and People with Disabilities Dr. Eilionóir Flynn, Centre for Disability Law and Policy, NUIG.

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 [email protected]
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_welf
are/irish_social_welfare_system/social_welfare_a
ppeals.html
Service provider complaints
process
• http://www.brothersofcharity.ie/galway/comp
laints.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/Complai
nt/
• 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/publi
cations/providers/factsheets/
• http://www.citizensinformationboard.ie/publi
cations/providers/downloads/Entitlements_Di
sabilities.pdf
• http://www.citizensinformation.ie/en/social_
welfare/social_welfare_payments/social_welf
are_payments_and_work/disability_payments
_and_work.html