# Transfering from Disability allowance to Invalidity allowance



## JEON50 (22 Mar 2011)

I will try keep this simple. I have been on disability allowance (means tested) since July 2009, had 18 AI contributions, was in hospital May and June 2009. I was awarded DA from first week out of hospital

I twice applied for Invalidy Pension in 2010, Refused on both occasions. Spoke with a lovely person in SW Longford, she explained that i must now go back to work and have 48 paid A1 contributions.

And apply the year after, as I can not go back to work ever, this seems unfair


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## Black Sheep (22 Mar 2011)

I don't understand what the problem is. Is this a PRSI problem only or a combination of PRSI and medical.

PRSI


Have you got *260* class *A* contributions since you *first* started work
Have you got *48* class *A* contributions paid or credited in 2009
Medical
This is a matter for GP and SW assessment. Can't help there


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## JEON50 (22 Mar 2011)

Its a PRSI only problem 18 paid A1 Contribution and balance credited, but SW are stating that they can not accept credited contributions to make up the 48

seems like an new interpatation


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## Black Sheep (22 Mar 2011)

I would be requesting a written explanation as the rules clearly state *Paid *or *Credited. 

*I have seen several cases of the 48 credited contributions in the year prior to application (together with the other amount of paid contributions) having been accepted as a qualifying condition.

Don't waste any more time phoning just put in a written request


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## JEON50 (23 Mar 2011)

Maybe your right, my local sw inspector could not believe I was turned down


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## JEON50 (23 Mar 2011)

I got some advise from my GP, He calculated 18+ 26 Credits = 44, however he recommends that I appeal it first that I was in hospital for 7 weeks, and could not claim. And secondly that both Consultants stated to the GP that they will never wtite a letter stating I am able to work. So I am going to appeal. If that fails, he recommends he submits letters from the consultants


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## Black Sheep (23 Mar 2011)

I just came across this when trying to help sort out this situation.
Please note that the section below refers to *Illness Benefit* but I can only assume that the same logic (if SW understands logic) would apply in your case.

BTW could I suggest that you request a *review* of your case enclosing your reasons (supported by your doctors certs) for that seven week gap.
An appeal can come later if this and other reviews are turned down. 
Best of luck!
*Special Categories*

*Illness Benefit Credits*

 Where a claimant initially -


fails to fulfil the conditions for Invalidity Pension (not having the 48 contributions/credits in the last tax year or not regarded as having been incapable for 1 year before the date of claim)
and is not entitled to be paid Illness Benefit
 s/he may submit weekly sickness certificates for the award of Illness Benefit credits.
 These credits can be counted for the purposes of the contribution conditions in respect of a renewed Invalidity Pension claim at a later date, and as evidence of incapacity throughout that period.
 Illness Benefit credits awarded in this way can be backdated in cases where the claimant can prove that there was good reason why s/he did not make a claim in the first place.
 Where a claimant's initial application has been disallowed, but where a later application is likely to succeed (provided that Illness Benefit credits are claimed for a period), Invalidity Awards section will advise the claimant of this by letter.


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## JEON50 (23 Mar 2011)

Yes, you seem to be on to something there, my GP said it was not "reasonable" to expect at a time of serious illness to be thinking about form filling.

I will keep you informed for our fellow user's, everybody sould really give the results, for reference


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## JEON50 (24 Mar 2011)

The Hosiptal based / Area social worker has now taken up the case, I have signed a letter to agree for her to work on my case. She agree's 100% on the points made by Blacksheep. However, she makes the point about SW black and white interpatation. Failing this she proposed written submissions from consultants to the minister. It's important to me, due to nature of my medical condition, I may not be able to use this forum for two many months more, and I love taking on the system, with the forums advise and experience- Thanks Guys !


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## Black Sheep (24 Mar 2011)

I am glad to see you are persuing your case to the bitter (or sweet) end and someone is helping you achieve that. I would do exactly the same.
Perhaps the Ombudsman could be another option.
Let us know the outcome


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