Bernard Allen (Cork North Central, Fine Gael)
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Question 871: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Cork has been refused a disability payment. [38679/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Payment of illness benefit to the person concerned was discontinued following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was capable of work. A claim for disability allowance was also disallowed following two medical assessments.

Both of these decisions are now under appeal and I am informed by the Social Welfare Appeals Office that following receipt of the grounds of appeal the relevant Departmental papers and comments of the Department have been sought. On receipt of its response both cases will be referred to an Appeals Officer for early consideration.

The person concerned is currently in receipt of Jobseeker's Benefit, which is payable for a maximum of 312 days. As this payment is due to exhaust shortly a form was issued on 4 August 2009 advising him regarding Jobseeker's Allowance. This form has not been returned to date. If the person concerned wishes to apply for Jobseeker's Allowance he should return the completed form to the Social Welfare Local Office, Hanover Street, Cork.