Joan Burton (Dublin West, Labour)
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Under the supplementary welfare allowance scheme, an exceptional needs payment (ENP) may be made by the Health Service Executive (HSE) to help meet an essential once-off cost which the applicant is unable to meet out of his or her own resources. There is no automatic entitlement to this payment. Each application is determined by the HSE based on the particular circumstances of the case. Eligible people would normally be in receipt of a social welfare or HSE payment.

The HSE has advised that an application for assistance under the ENP scheme from the person concerned was refused in January 2010 and that this decision was subsequently upheld by the HSE Appeals Officer. The person concerned applied for an ENP on 22 March 2011. This ENP application was also refused and the person concerned was notified of the decision and of his right to appeal to the HSE appeals office. To date no appeal has been submitted to the HSE.

The person concerned is currently in receipt of Invalidity Pension a personal rate of €193.50 per week. He is also in receipt of a Fuel Allowance of €23.90 per week.

Jack Wall (Kildare South, Labour)
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Question 96: To ask the Minister for Social Protection if a person (details supplied) in County Kildare has an entitlement to a seek an oral hearing for their disability allowance appeal; and if she will make a statement on the matter. [9922/11]

Joan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the decision.

The legislation provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in this case as it was considered that an oral hearing was not warranted.

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.