Bernard Durkan (Kildare North, Fine Gael)
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Question 140: To ask the Minister for Social Protection if consideration has been given to the household outgoings, including mortgage repayments of €1,800 per month in the case of refusal by the Department of disability allowance in respect of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [23999/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned applied for disability allowance on 27 August 2009. He was assessed with weekly means of €437.52 based on his spouse's earnings from insurable employment. As this exceeded the then statutory limit of €339.90 per week for payment of disability allowance his claim was refused.

Means are assessed on the claimant's own means and that of their spouse/partner subject to certain exceptions laid down in legislation. Mortgage repayments are not included in these exceptions and are therefore not deductible when assessing means. A letter issued to the person concerned on 7 December 2009 notifying him of this decision and advising him of his right of appeal to the Social Welfare Appeals office within 21 days.

The person subsequently lodged an appeal to the Social Welfare Appeals Office. Based on the evidence presented the Appeals Officer found that the person failed to show that his means did not exceed the statutory limit applicable and the appeal was disallowed. The Appeal's Officer advised the person of his decision in writing on 20 May 2010. An Appeals Officer's decision is final and conclusive in the absence of any fresh facts or evidence.