Michael Ring (Mayo, Fine Gael)
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Question 426: To ask the Minister for Social and Family Affairs when an oral hearing will be heard for a person (details supplied) in County Mayo. [32843/05]

Séamus Brennan (Dublin South, Fianna Fail)
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There is no appeal pending in respect of the person indicated. However, an appeal is being processed in respect of his spouse.

The person applied for disability allowance in December 2004. In the course of investigating his entitlement it came to light that he and his spouse owned a farm. This had not been disclosed when his spouse made a claim for disability allowance. On the basis of this discovery the deciding officer made a revised decision on his spouse's claim, the effect of which was to reduce the rate of disability allowance in respect of the period 24 November 2004 to 21 June 2005. As a consequence the spouse had been overpaid €1,350.

The spouse appealed against this decision to the social welfare appeals office. An appeals officer has considered the case and is of the opinion that an oral hearing is necessary. The spouse will be notified of the time, date and venue of the hearing when these have been arranged.

The spouse is now in receipt of a qualified adult allowance in respect of the person concerned. The person has made a claim to be paid disability allowance in his own right and his application has been sent to a social welfare inspector for further investigation. A final decision on his entitlement will be made when this is to hand. Under social welfare legislation, decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.