James Bannon (Longford-Westmeath, Fine Gael)
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Question 120: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Longford has had a disability allowance withdrawn when under his Department's guidelines such a person should be entitled to a disability allowance and an independent living allowance; and if he will make a statement on the matter. [13668/08]

Martin Cullen (Waterford, Fianna Fail)
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Disability allowance is a weekly allowance paid to people with a disability who are aged between 16 and 66 years. The disability must be expected to last for at least one year and the allowance is subject to both a medical examination and a means test.

The weekly rate of Disability Allowance payment depends on the amount of weekly means assessed. The legislative provisions regarding Disability Allowance state that means will be assessed from all income which the claimant or claimant's spouse may reasonably expect to receive during the year following the date of their claim with certain exceptions. Income derived from earnings from employment is not included in these exceptions and is accordingly assessable in full as means for Disability Allowance.

The person concerned had his Disability Allowance reviewed in September 2007. Following this review he was assessed with weekly means of €389.89 derived from his spouse's employment. As the weekly means exceeded the statutory limit of €353.10, the person concerned had his Disability Allowance stopped on 20 September 2007. The person concerned was notified by letter of this decision and of his right to appeal this decision to the independent Social Welfare Appeals Office.

His weekly means were derived as follows:

He subsequently appealed this decision on 3 October 2007.

On 28 November 2007, the Chief Appeals Officer decided that the weekly means of €389.89 derived from spouse's earnings are correct and in accordance with Social Welfare legislation. In the absence of new evidence, the Appeals Officer is final and conclusive.

Bernard Durkan (Kildare North, Fine Gael)
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Question 121: To ask the Minister for Social and Family Affairs the reason one parent family allowance has been refused in the case of a person (details supplied) in County Kildare who has three dependant children; and if he will make a statement on the matter in view of the fact that they are a lone parent. [13828/08]

Martin Cullen (Waterford, Fianna Fail)
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I refer to my reply to the Deputy on 6/3/08 in relation to the person concerned. I am advised by the Social Welfare Appeals Office that since that reply, an Appeals Officer again reviewed this case following the submission of further correspondence from the person concerned. However, the Appeals Officer considered that the correspondence contained no new facts or fresh evidence which would warrant a revision of his decision. The Social Welfare Appeals Office is an office of my Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

The person concerned came to Ireland, from Nigeria, in February 2003 and first applied for One Parent Family Payment in July 2005. Her circumstances were investigated by a Social Welfare Inspector who reported that, in her view, the person concerned had not established that she is a separated person within the meaning of the Social Welfare legislation and that there is evidence of an ongoing relationship with her husband. On the basis of the Inspector's report the Deciding Officer disallowed her application to One Parent Family Payment. The person concerned appealed the decision to the Social Welfare Appeals Office. Following an oral hearing on 20 September 2006 the Appeals Officer disallowed her appeal on the grounds that she had not shown that the marriage tie had been broken and he considered the separation to be geographic in nature.

On 17 April 2007 the person concerned again applied for One Parent Family Payment. Her application was investigated by a Social Welfare Inspector who reported that her circumstances were basically unchanged from the previous investigation. On the basis of a further Inspector's report the Deciding Officer disallowed her application to One Parent Family Payment. The person concerned appealed the decision to the Social Welfare Appeals Office. Following an oral hearing on 8 January 2008 the Appeals Officer, having considered all the appellant's evidence including that adduced at the oral hearing, concluded that he was not satisfied that the appellant had established that she is a separated person within the meaning of the legislation. The appeal was disallowed. An Appeal Officer's decision is final in the absence of new facts and fresh evidence.