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Disability Allowance - Claimant remanded in custody.

  • 09-12-2018 11:21am
    #1
    Boxcar_Willie
    Registered Users, Registered Users 2 Posts: 440 ✭✭


    Looking for some advice for a family that I know.

    Claimant was in receipt of Disability Allowance for about a year , has multiple medical issues. He was claiming for himself , one adult dependant , one child under 18 , and one child over 18 in full-time education.

    A few months ago a court placed him in custody awaiting sentence for a period of about 2 months. His DA was stopped on the day he went into custody .He was subsequently given a suspended sentence and released. On the day of his release he contacted DA and updated his position over the phone and confirmed in writing the following day that he was seeking to have his DA reinstated. He also forwarded on the paperwork from the court confirming that he was released from custody and that the case is closed.

    Several weeks have now passed and he is still awaiting a reply. He has called a few times only to be told that his request is being processed.

    What would the normal waiting time be in a case like this ?


Comments

  • #2
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    If the family have had no income in all this period, then have they not applied for SWA from the CWO and if they haven’t then what have they been living on? These are questions the Dept will be looking into as part of the “processing”.


  • #3
    Boxcar_Willie
    Registered Users, Registered Users 2 Posts: 440 ✭✭Boxcar_Willie


    splinter65 wrote: »
    If the family have had no income in all this period, then have they not applied for SWA from the CWO and if they haven’t then what have they been living on? These are questions the Dept will be looking into as part of the “processing”.

    Yes the adult dependant received SWA for herself and one child dependant from the date her husband was placed in custody. They are now seeking to have the DA restored to the way it was before it was stopped.


  • #4
    splinter65
    Registered Users, Registered Users 2 Posts: 9,420 ✭✭✭splinter65


    Boxcar_Willie wrote: »
    Yes the adult dependant received SWA for herself and one child dependant from the date her husband was placed in custody. They are now seeking to have the DA restored to the way it was before it was stopped.

    She can ask to have the husband added to the SWA while his application is being processed. I’m pretty sure in these circumstances his entitlement is undergoing a complete review. It may be some time yet. See the CWO this week to avoid being left very short during the holidays.


  • #5
    Squatter
    Closed Accounts Posts: 1,841 ✭✭✭Squatter


    Boxcar_Willie wrote: »

    Several weeks have now passed and he is still awaiting a reply. He has called a few times only to be told that his request is being processed.

    What would the normal waiting time be in a case like this ?

    It's hardly a "normal" situation, hence the "normal" waiting time probably isn't applicable.

    It's possible that his file has been sent out to the local SW investigation unit to carry out whatever enquiries they deem necessary. In which case, it will take as long as it takes.

    But, as advised, get him to apply for SWA while the process is ongoing.


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