Bernard Durkan (Kildare North, Fine Gael)
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Question 366: To ask the Minister for Social and Family Affairs when an appeal will be heard for a mortgage interest relief application in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41480/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The supplementary welfare allowance scheme, which includes mortgage interest supplement, is administered on behalf of the Department by the community welfare service of the Health Service Executive (HSE). The Department has no function in deciding entitlement in individual cases. Mortgage interest is defined in Section 187 of the Social Welfare Consolidation Act 2005 (as amended). In accordance with this provision, a mortgage interest supplement may be paid on the full amount of interest payable, where the loan has been taken out for the purchase, repair or essential improvement of the sole or main residence of a person or to pay off another loan used for that purpose. Where a loan, or a portion of the loan, has been used for expenditure not associated with the purchase or repair of the sole or main residence of the person, a proportion or all of the interest on the loan is not reckonable for the purpose of mortgage interest supplement scheme.

Under Article 10 of the Social Welfare (Consolidated Supplementary Allowance ) Regulations 2007 (S.I. 412 of 2007), a supplement towards mortgage interest may be payable where the Executive is satisfied that the amount of mortgage interest payable by the claimant does not exceed such amount as it considers reasonable to meet his or her residential and other needs and where the Executive considers it is reasonable to award a supplement having regard to the amount of any arrears outstanding on the loan.

The Executive advised that mortgage interest supplement has been refused to the people concerned as the qualifying conditions, as outlined above, are not satisfied. Notification of this decision issued on 7 October 2009. Question No. 864, which I answered for the Deputy on 3 November 2009, was accepted as an appeal against the decision to refuse mortgage interest supplement to the person concerned and notification of the appeal was forwarded to a designated Appeals Officer of the HSE. The HSE Appeals Office has advised that no decision has been made on the appeal to date.

Bernard Durkan (Kildare North, Fine Gael)
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Question 367: To ask the Minister for Social and Family Affairs the position regarding a social welfare appeal in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [41490/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the relevant Departmental papers and comments on the grounds of appeal in the case of the person concerned have been sought. When received, the appeal in question will be referred to an Appeals Officer for early 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.