Bernard Durkan (Kildare North, Fine Gael)
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Question 379: To ask the Minister for Social and Family Affairs when an illness benefit appeal will be determined in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [46231/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for illness benefit, by the person concerned, was disallowed by a Deciding Officer of the Department on 18 October 2008 following an examination by a Medical Assessor who expressed the opinion that she was capable of work. She appealed this decision on 28 October 2008 and, in the context of this appeal, she was examined by a second Medical Assessor on 28 November 2008 who also expressed the opinion she was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office, on 2 December 2008, decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal and to furnish any further medical evidence she wished to submit in support of her appeal.

The new medical evidence, submitted by the Deputy on her behalf, has been accepted as her grounds of appeal and has been forwarded to the Chief Medical Adviser for his opinion.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.