Michael Ring (Mayo, Fine Gael)
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Question 475: To ask the Minister for Social and Family Affairs when an appeal by a person (details supplied) in County Mayo will be dealt with. [35437/06]

Séamus Brennan (Dublin South, Fianna Fail)
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Payment of disability benefit (now called Illness Benefit) to the person concerned was discontinued from 26 April 2006 following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. He was advised of this decision and of his right to appeal. The person did not appeal and submitted a final certificate from his own doctor dated 25/4/06, certifying that he was fit to resume work. Correspondence was received from a solicitor representing the person concerned in September seeking to appeal the decision. In the normal course an appeal against a Deciding Officer's decision must be made within 21 days of the decision. While there is provision for acceptance of an appeal outside the normal 21 day period, in view of the medical evidence submitted it was considered that the acceptance of an appeal in this case would not be warranted, since he had furnished medical evidence from his own doctor that he was fit to resume work from 26 April 2006. The solicitor was notified of this decision.

The person made a claim for unemployment assistance (since renamed Jobseekers Allowance) on 26 April 2006. His claim was disallowed by a deciding officer on the ground that he was not genuinely seeking work and was not available for full-time employment. He was advised of the decision on 22 September 2006 and of his right to appeal. An appeal against this decision will be opened on behalf of the person concerned. In accordance with the statutory requirements the relevant departmental papers and the comments of the Social Welfare Services Office on the matters raised in the appeals will be sought. On receipt of the response the case will be referred to an Appeals Officer for early consideration. 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.