James Reilly (Dublin North, Fine Gael)
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Question 178: To ask the Minister for Social Protection the reason a person (details supplied) in County Cork has been taken off disability allowance against the advice of their doctor; if his attention has been drawn to the fact that they have been waiting since September 2009 to receive the results of their second appeal; when they may expect the results of this appeal; and if he will make a statement on the matter. [21246/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, she was examined by a second Medical Assessor who also expressed the opinion that she was capable of work.

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration. 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.

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

Róisín Shortall (Dublin North West, Labour)
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Question 179: To ask the Minister for Social Protection the circumstances under which a person is allowed to retain a social welfare payment pending an appeal of the decision to deny them that payment by a deciding officer and specific statutory provision, if any, allowing the retention of such payments; if operational guidelines apply to these circumstances. [21256/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The role of a statutorily appointed deciding officer is to decide entitlement to statutory social welfare schemes. There is no provision in social welfare legislation that allows retention of a payment by a person where a deciding officer has decided that they are not entitled to same. Accordingly, there are no statutory provisions allowing the retention of any such payment pending the outcome of an appeal.

Customers whose claims are disallowed, who are disqualified from payment or who are awarded social welfare at a reduced rate are informed that, if they have any new facts or evidence that has a bearing on their case, they should send it in the first instance to the Deciding Officer for re-examination and, if appropriate, for revision of the decision. They are informed that this right is in addition to their right of appeal to the Social Welfare Appeals Office. They can seek a Deciding Officer Review before making an appeal, or can do both concurrently. It is open to a person to apply for Supplementary Welfare Allowance while their appeal is being processed.