Bernard Durkan (Kildare North, Fine Gael)
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Question 403: To ask the Minister for Social Protection, further to Parliamentary Question No. 135 of 16 February 2012, the grounds on which it was decided this person did not meet the conditions of being habitually resident in the State; and if she will make a statement on the matter. [11372/12]

Joan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 26 July 2011. The medical evidence supplied with her claim was referred to one of the department's medical assessors who was of the opinion, based on the information supplied, that she was not medically suitable for disability allowance. The deciding officer accepted this opinion. The deciding officer further decided that the person in question does not meet the condition of being habitually resident in the State, in accordance with the guidelines. Accordingly, her claim for disability allowance has been refused and the person in question has been notified of the decision and the reasons for it.

The person concerned failed to meet the condition of being habitually resident in the state on the basis that the nature and purpose of her residence in the State at the time of her application for disability allowance did not provide for habitual residence condition approval. In addition, her main centre of interest was not established in Ireland at the time of her application for disability allowance and she was absent from the State for a lengthy period of time in 2009.