Bernard Durkan (Kildare North, Fine Gael)
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Question 367: To ask the Minister for Social and Family Affairs the position of an appeal in relation to an application for social welfare payment in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [37276/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claims for jobseekers allowance by the persons concerned were refused by a Deciding Officer on the 29 July 2008 on the grounds that they did not satisfy the habitual residence conditions. An appeal was opened on 17 September and I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. These are now to hand and have been referred to an Appeals Officer for consideration. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.