Tom Sheahan (Kerry South, Fine Gael)
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Question 370: To ask the Minister for Social and Family Affairs the reason rent allowance was discontinued to a person (details supplied) in County Kerry; if it will be reinstated; and if he will make a statement on the matter. [5055/08]

Martin Cullen (Waterford, Fianna Fail)
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The Health Service Executive has advised that it suspended payment of rent supplement when it became aware that the person concerned had commenced full-time employment. Those engaged in employment of 30 hours or more per week are disqualified from payment of rent supplement. However, if a claimant is accepted by a local authority as being in need of accommodation under the rental accommodation scheme, the person may engage in full-time employment and retain rent supplement, subject to the normal qualifying conditions of the scheme, including a means assessment. The Executive has advised that the person concerned should contact her local community welfare office so that any entitlement she may have to rent supplement can be determined.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 371: To ask the Minister for Social and Family Affairs his views on correspondence from a person (details supplied); if the person who suffers from a long-term progressive and incurable illness is entitled to payment from his Department. [5056/08]

Martin Cullen (Waterford, Fianna Fail)
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The person concerned applied for Disability Allowance on 13 April 2006. His claim was refused on 8 June 2006 as it was found that the income derived from his spouse's earnings was in excess of the statutory limit for entitlement to a Disability Allowance. His claim was subsequently reviewed when revised Regulations came into effect on 26 September 2007 amending the rules for assessing spousal income. Following that review the person concerned was advised that his means derived from his spouse's earnings were still in excess of the statutory limit.

He appealed the decision to the Social Welfare Appeals Office and following an examination of the facts the Appeals Officer disallowed the appeal. An Appeals officer's decision is final in the absence of new evidence or new facts or any change of circumstances. Decisions on claims and appeals are made by Deciding Officer and Appeals Officer and I have no role in these functions.