Tony Gregory (Dublin Central, Independent)
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Question 279: To ask the Minister for Social and Family Affairs if he will arrange for a review of the decision to refuse disability allowance to a person (details supplied) in Dublin 7. [26880/07]

Martin Cullen (Waterford, Fianna Fail)
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The person concerned was in receipt of Disability Allowance from 30 June 1999. Following a review of entitlement in September 2006 it was found that the income derived from her spouse's earnings from insurable employment was in excess of the statutory limit for entitlement to Disability Allowance and accordingly the claim was stopped from 27 September 2006.

She appealed the decision to the Social Welfare Appeals Office. Following an examination of the facts the Appeals Officer disallowed the appeal. In giving his decision on 5 December 2006 the Appeals Officer indicated that the weekly means were derived from spouse's earnings from insurable employment and that a correct means assessment was made in this case.

An Appeals Officer's decision is final and conclusive in the absence of new evidence or new facts or any change of circumstances. My Department has issued a new application that should be completed and returned if this persons circumstances have changed.