Michael Ring (Mayo, Fine Gael)
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Question 228: To ask the Minister for Social and Family Affairs the reason the disability allowance appeal for a person (details supplied) in County Mayo was disallowed in view of the fact that the person involved had advised his Department by phone call and letter the genuine reason this person could not attend the appeal. [6066/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The person concerned was scheduled to attend an oral hearing on 13 December 2005 and telephoned in advance to say that he could not attend. In accordance with normal procedures, he was requested to write to the appeals officer with an explanation why he could not attend. As no written explanation was received, the appeals officer considered the case on the evidence available and disallowed the appeal. The person concerned was notified of the decision on 2 February 2006.

The appeals officer has now decided to re-open the appeal and proposes to hold an oral hearing during the week commencing 27 February 2006. The person concerned will be advised of the precise date, time and venue of the proposed hearing when arrangements have been completed. Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in making such decisions.