The person concerned applied for disability allowance on 27 August 2009. He was assessed with weekly means of €437.52 based on his spouse's earnings from insurable employment. As this exceeded the (then) statutory limit of €339.90 per week for payment of disability allowance his claim was refused. Means are assessed on the claimant's own means and that of their spouse/partner subject to certain exceptions laid down in legislation. Mortgage repayments are not included in these exceptions and are therefore not deductible when assessing means.
A letter issued to the person concerned on 7 December 2009 advising him of this decision and advising him of his right of appeal to the Social Welfare Appeals office within 21 days. The person concerned subsequently appealed the decision. Based on the evidence, the appeals officer found that the person had failed to show that his means did not exceed the statutory limit applicable from 2 September 2009 and the appeal was disallowed. He was notified of this decision by letter on 20 May 2010. An appeals officer's decision is final and conclusive in the absence of any fresh facts or evidence.