Michael Ring (Mayo, Fine Gael)
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Question 189: To ask the Minister for Social and Family Affairs the outcome of an appeal for the disability allowance for a person (details supplied) in County Mayo. [37093/05]

Séamus Brennan (Dublin South, Fianna Fail)
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The person's claim for disability allowance was disallowed by a deciding officer on the grounds that they did not satisfy the statutory condition that a person must be habitually resident in this State. The person appealed this decision to the social welfare appeals office and an oral hearing was held on 8 November 2005. Having considered all the available evidence, including that adduced at the oral hearing, the appeals officer determined that the person did not satisfy the conditions as to habitual residence for receipt of disability allowance and disallowed his appeal. The person was notified of the decision of the appeals officer on 23 November 2005. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.