Ireland Disability Allowance Appeal Letter (SWCA 2005 s.311 — 21 days)

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Researched by Ahmed Alsaedi, Founding Editor

Primary sources cited; not legal advice.

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Your Situation

Tell us about the refusal letter you received and, in your own words, why the decision is wrong.

This letter will cite

Social Welfare Consolidation Act 2005, Sections 311 (21-day appeal), 313 (oral hearing), 317 (Departmental revised decision) + SI 142/2007

Your appeal letter will cite the 21-day statutory clock, request an oral hearing where appropriate (significantly higher overturn rate than paper-only), and invite the Department to revise its own decision in parallel on the new evidence enclosed.

Date on the refusal letter

The 21-day clock under s.311 runs from the date the Deciding Officer's decision was notified to you in writing. If you are already outside 21 days you can still appeal but must set out 'good and sufficient reason' for the delay.

What did the Department say was the reason for refusal?

Medical assessment — Department says the medical evidence does not show 'substantial restriction'Means assessment — Department says I have too much income or capitalHabitual Residence Condition (HRC) — Department says I am not habitually resident12-month 'substantial restriction' duration test — Department says my condition will not last 12 monthsCapital threshold — Department says my savings exceed the disregardAge — Department says I am outside the 16-66 age bandOther ground (set out in textarea below)

In your own words, why is the refusal wrong?

Do you have new medical or supporting evidence not previously seen by the Deciding Officer?

Yes — fresh evidence is enclosed (this is often decisive at appeal)No — same evidence, but the reasoning is wrong

When did you first start experiencing the condition?

Helps establish duration for the 12-month substantial-restriction test.