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.