Leo Varadkar (Dublin West, Fine Gael)
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Question 338: To ask the Minister for Social and Family Affairs if she will review an appeal for jobseeker's allowance in respect of a person (details supplied) in Dublin 15; and if she will make a statement on the matter. [10020/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for jobseekers allowance, by the person concerned, was refused by a Deciding Officer of the Department on 26 September 2008 on the grounds that he was not free to take up full-time employment in the State.

An appeal was opened on 17 October 2008 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 Officers comments on the grounds of appeal.

The relevant documentation was received and the case was considered by an Appeals Officer on 2 December 2008 who made a summary decision disallowing the appeal. Summary decisions may be made where the Appeals Officer is of the opinion that case is of such a nature that it can be properly determined on the basis of documentary evidence and without oral hearing.

However, following the submission of additional evidence, the Appeals Officer has decided to re-open the appeal by way of oral hearing. The person concerned has been advised that the hearing will be held on 12 March 2009. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.