Bernard Durkan (Kildare North, Fine Gael)
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211. To ask the Minister for Employment Affairs and Social Protection if an application for disability allowance refused and refused on appeal can be re-examined in the case of a person (details supplied); and if she will make a statement on the matter. [23065/18]

Finian McGrath (Dublin Bay North, Independent)
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The person concerned submitted an application for disability allowance (DA) on 18 April 2017. Their application, based upon all the evidence submitted was refused on habitual residency as she was not found to be habitually resident in the state. The person concerned appealed to the independent Social Welfare Appeals Office (SWAO) the decision by a deciding officer to disallow her application for DA.

Following due consideration, the appeal of the person in question was disallowed by an appeals officer (AO) on 11 May 2018 and she was notified of this decision in writing on the same date.

An AO’s decision is final and conclusive in absence of any fresh facts or evidence. It is open to the person in question to reapply for DA.

I trust this clarifies the matter for the Deputy.