Bernard Durkan (Kildare North, Fine Gael)
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Question 326: To ask the Minister for Social and Family Affairs when a disability allowance appeal or credit contributions on disability benefit will be arranged in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [9046/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for disability allowance, by the person concerned, was disallowed by a Deciding Officer of the Department on 24 October 2008 following an examination by a Medical Assessor who expressed the opinion that he was medically unsuitable for the allowance.

He appealed this decision on 10 November 2008 and he was examined by a second Medical Assessor on 16 December 2008 who also expressed the opinion that he was medically unsuitable for disability allowance. I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department has asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. These have been received and the case has been referred to an Appeals Officer who proposes to hold an oral appeal hearing, a date for which has not yet been scheduled.

As a result of the examinations by the Medical Assessors it was also decided he was no longer entitled to credited contributions on his illness benefit with effect from 17/10/08. I am further advised by the Social Welfare Appeals Office that decisions in relation to credited contributions are administrative in nature and do not have a right of appeal. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on Social Welfare entitlements.