Bernard Durkan (Kildare North, Fine Gael)
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Question 287: To ask the Minister for Social and Family Affairs when disability allowance appeal will be heard in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [16558/10]

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's claimed Disability Allowance was refused by a Deciding Officer on 10 August 2009 on the grounds that he was not Habitually Resident in the State.

The person subsequently appealed this decision. Based on the evidence before them the Appeals Officer decided he was not Habitually Resident in the State and the appeal was disallowed. The person concerned was notified of this decision in writing on 11 February 2010 by the Social Welfare Appeals Office. An Appeal's Officer's decision is final and conclusive in the absence of any fresh facts or evidence.