Bernard Durkan (Kildare North, Fine Gael)
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Question 262: To ask the Minister for Social Protection further to Parliamentary Question No. 186 of 20 May 2010, the status of the report from the Health Service Executive deeming the person in question had habitual residency; and if he will make a statement on the matter. [24439/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The case of the person in question is currently under review, based on a newly completed form regarding the habitual residence condition (HRC). He will be notified of the decision in due course. Decisions made by a Deciding Officer on habitual residence are based on the officer him/herself being satisfied that the HRC conditions are met and all available evidence in this regard is taken into account in reaching a decision.

Bernard Durkan (Kildare North, Fine Gael)
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Question 263: To ask the Minister for Social Protection when a domiciliary care appeal will be heard in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [24441/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office on 31 May 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received the appeal in question will be referred to an Appeals Officer for consideration. 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.