Joe Costello (Dublin Central, Labour)
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Question 889: To ask the Minister for Social and Family Affairs if her attention has been drawn to the case of a person (details supplied) in Dublin 1 who applied for disability benefit in August 2008; and if she will make a statement on the matter. [33874/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Disability Allowance is a weekly Allowance paid to people with a specified disability who are aged over 16 and under 66. The disability must be expected to last for at least one year and the allowance is subject to a medical assessment, a means test and a habitual residency test.

The person concerned applied for Disability Allowance on 28 July 2008. His claim was assessed by a Medical Assessor and he was deemed not medically suitable for Disability Allowance. He was refused Disability Allowance on 26 August 2008 and he was formally notified of this decision by letter and of his right of appeal to the Social Welfare Appeals Office. The person concerned appealed the decision on 2nd September 2008. A second medical assessment was then undertaken and again he was deemed not medically suitable for disability allowance.

Papers were returned to the appeals office on 23rd September 2008. The person concerned was then afforded the opportunity of setting out his detailed grounds for appeals and he replied on 10th November 2008. The case was listed for oral hearing which was heard on 24th April 2009. Normally, a decision is issued within 4-6 weeks, however in this case this is not the situation. The appeals officers report was received in disability allowance section on 28th September 2009. The delay involved is being investigated by the chief appeals officer and will write to the Deputy when this investigation is complete.

The person concerned has been awarded a Disability Allowance with effect from 30 July 2008 at the maximum personal rate, which is currently €204.30, plus an increase for a qualified child of €26.00 and a Fuel Allowance of €23.90 which gives a weekly total of €254.20. His first payment will be available to be collected at his Post Office on 28 October 2009. The person concerned is currently in receipt of One Parent Family Payment at exactly the same rates as mentioned above in respect of Disability Allowance. As he is only entitled to receive one of these payments arrears will not arise.

Pat Breen (Clare, Fine Gael)
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Question 890: To ask the Minister for Social and Family Affairs when an oral hearing will be heard for a person (details supplied) in County Clare; and if she will make a statement on the matter. [33890/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has 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.