Michael D Higgins (Galway West, Labour)
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Question 694: To ask the Minister for Social and Family Affairs the position regarding the case of a person (details supplied); and if he will make a statement on the matter. [15041/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test. The person concerned applied for Disability Allowance on 13 October 2008. He was examined by a Medical Assessor who deemed he was not medically suitable for Disability Allowance. His means were investigated by a Social Welfare Inspector and he failed to disclose details of his means. His claim was refused by a Deciding Officer on 3 March 2009 on the grounds that he was not medically suitable and he had failed to show his means did not exceed the statutory limit for receipt of Disability Allowance.

A letter issued to the person on 3 March 2009 advising him of this decision and of his right of appeal to the Social Welfare Appeals office within 21 days. The person subsequently appealed this decision and an oral hearing was heard by an Appeals Officer on 7 December 2009. Based on the evidence before the Appeals Officer, he was satisfied that the person failed to show that his means did not exceed the statutory limit applicable and that he was not substantially restricted in undertaking suitable employment by reason of a specified disability within the meaning of Social Welfare legislation and he disallowed the appeal. The person concerned was notified of this decision in writing on 21 January 2010 by the Social Welfare Appeals Office. An Appeals Officer's decision is final and conclusive in the absence of any fresh facts or evidence.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 695: To ask the Minister for Social and Family Affairs the number of Irish citizens refused payment for failure to satisfy the habitual residence condition in each local social office over the past 12 months. [15108/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am unable to provide the information sought by the Deputy due to industrial action currently being taken. Statistics for 2009 show that 530 Irish people who made applications for Jobseeker's Allowance did not satisfy the habitual residence condition in that year. It should be noted that this figure includes a number of people who, although they were not born in this State, are Irish passport holders by virtue of their ancestral ties with Ireland. Some never previously lived or worked here and claimed Jobseeker's Allowance almost immediately on entry to this country even though it was not their intention to reside permanently in this State. Accordingly, they do not meet the criteria for the habitual residence condition. It is open to any customer who is not satisfied with the decision on their claim to appeal that decision to the Social Welfare Appeals Office.