Written answers
Tuesday, 28 June 2011
Department of Social Protection
Social Welfare Appeals
8:00 pm
Jack Wall (Kildare South, Labour)
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Question 269: To ask the Minister for Social Protection the position regarding jobseeker's benefit in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [17449/11]
Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 16 March 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 24 March 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.
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.
Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 270: To ask the Minister for Social Protection if she will seek a reconsideration of a decision in respect of persons (details supplied) in County Monaghan. [17455/11]
Joan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, partially allowed the appeal of the person concerned. Notification of the Appeals Officers decision was issued on 26 May 2011.
Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the recent submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.
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.
Michael McGrath (Cork South Central, Fianna Fail)
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Question 271: To ask the Minister for Social Protection the position regarding the disability allowance appeal in respect of a person (details supplied) in County Cork. [17461/11]
Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the disability allowance claim of the person concerned was disallowed following an assessment by a Medical Assessor who expressed the opinion that he was medically unsuitable for the allowance. An appeal was registered on 21st June 2011 and in accordance with the statutory procedures the relevant department papers and the comments of the Social Welfare services on the matter raised in the appeal have been sought. In that context, an assessment by another Medical Assessor will be carried out.
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.
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