Bernard Durkan (Kildare North, Fine Gael)
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Question 191: To ask the Minister for Social Protection if entitlement to a payment such as widow's pension or attendant payments apply from the date of application or the date of death of a spouse where application in either case was not made at time of death; if the Ombudsman has ruled in respect of such cases; and if he will make a statement on the matter. [40431/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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All late claims for social welfare benefits are determined in accordance with the legislative provisions set out in Section 241 of the Social Welfare Consolidation Act 2005 and in Regulations made under that section. Where a person applies within 12 months of the date of death of a spouse, the claim is backdated for the full 12 months. Where the date of application is later than this, proportional backdating of payment is applied. Further backdating may be applied in certain circumstances where the customer provides additional relevant information.

It is not clear what the Deputy means by attendant payments, but a widowed person aged between 60 and 65 whose late spouse was in receipt of the household benefits package may continue receiving the package if he or she is receiving State pension (transition), widow's/widower's (contributory) pension, widow's/widower's (non-contributory) pension, one-parent family payment (widows/widowers), widow's or widower's pension under the occupational injuries benefits scheme, an equivalent social security pension/benefit from a country covered by EU Regulations or from a country with which Ireland has a bilateral social security agreement or an ordinary Garda widow's pension from the Department of Justice and Law Reform. There has been no ruling made by the Ombudsman in relation to the late claim of widow or widower's pension.

Bernard Durkan (Kildare North, Fine Gael)
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Question 192: To ask the Minister for Social Protection the reason a person (details supplied) in County Kildare was deemed ineligible under the habitual residency clause by his Department but granted on appeal by the Health Service Executive under the same legislation; if he is aware that they have been deemed to have established centre of interest on foot of the full extent of their residency here; and if he will make a statement on the matter. [40432/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The person concerned originally applied for disability allowance on 26 February 2008. His claim was assessed by a medical assessor who was of the opinion that he was not medically suitable for disability allowance. The deciding officer accepted that medical opinion and further decided that the person in question was not habitually resident in the State. As he failed to satisfy the medical and habitual residence conditions, his claim was refused. A letter issued to him on 7th August 2008 advising him of this decision and of his right of appeal to the Social Welfare Appeals Office.

The person applied again for disability allowance on 27 November 2008. While the medical assessor gave the opinion that the medical condition was satisfied on the basis of the medical evidence supplied with that application, it was decided that he was not entitled to disability allowance as he did not satisfy the habitual residence condition. A letter issued to him on 29th January 2009 advising him of this decision and of his right of appeal to the independent Social Welfare Appeals Office.

The person subsequently appealed this decision. The appeals officer decided that the person was not habitually resident in the State and the appeal was disallowed on 12 August 2009. At the time of the appeal the appeals officer was aware of the Health Service Executive's decision to award rent allowance and supplementary welfare allowance to the person.

An appeals officer's decision is final and conclusive in the absence of any fresh facts or evidence. It is open to the person concerned to send any evidence which he sent to the Health Service Executive to the Social Welfare Appeals Office for review or he can reapply for disability allowance and his claim will be assessed from a current date.