Bernard Durkan (Kildare North, Fine Gael)
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Question 1263: To ask the Minister for Social Protection when a review of decision to refuse jobseeker's allowance will be held in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32726/10]

Bernard Durkan (Kildare North, Fine Gael)
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Question 1302: To ask the Minister for Social Protection the entitlement to jobseeker's allowance in the case of a person (details supplied) in County Kildare; and if he will make a statement on the matter. [32990/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I propose to take Questions Nos. 1263 and 1302 together.

The person concerned applied for jobseeker's allowance from 26 July 2010. Her application was disallowed on the grounds that she was not habitually resident in the State. She was notified of this decision on 2nd September 2010 and she was advised of her right to request a review of the decision by a Deciding Officer or to appeal the decision to the Social Welfare Appeals Office.

According to the records of the Department the person concerned has not requested a review of the decision or lodged an appeal.

Bernard Durkan (Kildare North, Fine Gael)
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Question 1264: To ask the Minister for Social Protection the indicators that suggest that a person's (details supplied) condition is as stated by appeals decision; if he will arrange an oral hearing; and if he will make a statement on the matter. [32728/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that in making his decision the Appeals Officer considered all of the medical evidence in the case, from both the GP of the person concerned and the Medical Assessor. This evidence indicated that the degree to which his condition affected his abilities was normal to mild. There were no categories where either the GP or the Medical Assessor considered his capabilities were affected to a moderate, severe or profound degree.

Legislation provides that summary decisions may be made where the Appeals Officer is of the opinion that a case is of such a nature that it can be properly determined on the basis of documentary evidence and without an oral hearing.

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.