Joe Costello (Dublin Central, Labour)
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Question 236: To ask the Minister for Social Protection when a decision will issue on the appeal against the decision not to award domiciliary care allowance in respect of a person (details supplied) in Dublin 7; and if he will make a statement on the matter. [45917/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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In order to qualify for domiciliary care allowance a child must have a disability so severe that it requires the child needing care and attention and/or supervision substantially in excess of another child of the same age. This care and attention must be given by another person, effectively full-time so that the child can deal with the activities of daily living. The child must be likely to require this level of care and attention for at least 12 months. In this case an application for domiciliary care allowance was received on 27 th September 2010. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for the allowance. A letter issued on 21 st October 2010 advising the person concerned of the decision. In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office. The person concerned has now submitted further medical information and this is currently being reviewed by a Medical Assessor.

Michael Ring (Mayo, Fine Gael)
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Question 237: To ask the Minister for Social Protection if he will investigate the reason his Department states that an appeal in respect of a person (details supplied) in County Mayo was received on the 14 of September 2010 when in fact it was submitted in early June 2010 [45922/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that they have no trace of receipt of an appeal from the person concerned in early June 2010. An appeal dated 31 August 2010 by him was received in the Social Welfare Appeals Office on 8 September 2010 and registered on 14 September 2010.

In accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.