Seán Sherlock (Cork East, Labour)
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Question 369: To ask the Minister for Social Protection the position regarding an appeal for domiciliary care allowance in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [39842/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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An application for Domiciliary Care Allowance was received on 12 August 2010. This application was referred to one of the Department's Medical Assessors who found that the child was not medically eligible for the Allowance. A letter issued to the person concerned on 5 October 2010 advising her of the decision. Where a person is not satisfied with the decision of a Deciding Officer they may appeal the decision to the Social Welfare Appeals Office. As yet, no appeal has been registered in this case.

Darragh O'Brien (Dublin North, Fianna Fail)
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Question 370: To ask the Minister for Social Protection the position regarding an appeal for disability allowance in respect of a person (details supplied) in County Dublin; and if he will make a statement on the matter. [39848/10]

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 02 September 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received back in the Social Welfare Appeals Office on 29 September 2010 and the appeal will be referred, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for 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.