Tom Fleming (Kerry South, Independent)
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Question 117: To ask the Minister for Social Protection the position regarding disability allowance in respect of a person (details supplied) in County Kerry. [14829/11]

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, allowed the appeal of the person concerned by way of an oral hearing. The person concerned has been notified of the decision. However, the file was returned to the Appeals Officer by the Department with a query in relation to the Appeals Officer's decision. The Appeals Officer has dealt with the query and the file has been returned to the Department to implement the Appeals Officer's decision. 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.