The person concerned claimed unemployment assistance from 28 November 1990. Following an investigation by a social welfare officer a deciding officer assessed her with means of £40 per week from 28 November 1990 to 18 March 1991, based on the benefit of board and lodging enjoyed by her while residing in the family home. Section 146 (1) (e) of the Social Welfare (Consolidation) Act, 1981, as amended by section 13 (1) (e) of the Social Welfare (No. 2) Act, 1985, states that in calculating the means of a person claiming unemployment assistance the yearly value of any benefit or privilege enjoyed by him/her shall be deemed to constitute the means of the person.
Her claim was further considered from 19 March 1991, the date she ceased to live in the family home, and was disallowed as she failed to prove that her means did not exceed the statutory limit for receipt of unemployment assistance.
She appealed to the independent social welfare appeals office and her case was referred to an appeals officer for determination. On the basis of the evidence available the appeals officer upheld the decision of the deciding officer in the matter. The decision of the appeals officer is final and may only be revised in the light of fresh facts. It is, of course, open to the appellant to submit any new facts that she wished to be considered.