Joanna Tuffy (Dublin Mid West, Labour)
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Question 267: To ask the Minister for Social Protection if he will expedite an appeal against a decision not to award carer's allowance in respect of a person (details supplied) in County Dublin; if he will grant an early oral hearing; the reason in the delay; and if he will make a statement on the matter. [18715/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned has been referred to an Appeals Officer who proposes to hold an oral hearing in the case. The person concerned will be informed when arrangements have been made.

There has been a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There has been an increase of a further 46% in the number of appeals received in the first quarter of 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order.

The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Bernard Durkan (Kildare North, Fine Gael)
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Question 268: To ask the Minister for Social Protection further to Parliamentary Question No. 287 of 27 April 2010, the reason this question submitted in the case of a person (details supplied) in County Kildare was not accepted as an appeal; if this question will be accepted on appeal; and if he will make a statement on the matter. [18799/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Further to my response to PQ 16558/10 on 27 April 2010 in relation to the person concerned, I am advised by the Social Welfare Appeals Office that an Appeals Officer, having considered all the available evidence, disallowed the appeal on the grounds that he is not habitually resident in the state for social welfare purposes.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that was not brought to the attention of the Appeals Officer during the determination of this appeal, they may be submitted to the Social Welfare Appeals Office for further consideration.

Additionally, the Chief Appeals Officer has power under the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to him that the Appeals Officer's decision was erroneous by reason of some mistake having been made in relation to the law or the facts. In making a request for such a review an appellant must set down the reasons why he or she believes a mistake was made having regard to the application of the law or the facts.

The Social Welfare Consolidation Act 2005 also provides that any person who is dissatisfied with either the decision of the Appeals Officer or the outcome of the review carried out by the Chief Appeals Officer may appeal that decision and/or outcome, as the case may be, to the High Court on any question of law.

The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.