Aodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 191: To ask the Minister for Social Protection the position regarding a domiciliary care allowance claim in respect of a person (details supplied) in Dublin 13; and if she will make a statement on the matter. [16465/11]

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, including that adduced at oral hearing, disallowed the appeal of the person concerned. Notification of the Appeals Officers decision was issued on 11 April 2011. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.

Following the submission of additional evidence the Appeals Officer agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.

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.

Sandra McLellan (Cork East, Sinn Fein)
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Question 192: To ask the Minister for Social Protection if she will explain and review the reason it was determined that a person (details supplied) in County Cork had been unable to prove to her Department that their centre of interest is Ireland. [16479/11]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that a child benefit appeal by the person concerned was registered in that office on 07 December 2010 and a domiciliary care allowance appeal was registered on 26 January 2011. 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 in the Social Welfare Appeals Office on 02 and 03 June 2011 respectively.

A disability allowance appeal was registered on 02 February 2011 and the Social Welfare Appeals Office are currently awaiting the relevant papers and the comments by or on behalf of the Deciding Officer on the grounds of appeal. When received, the relevant appeals will be considered concurrently by an Appeals Officer who will decide whether the cases can be decided on a summary basis or whether to list them or 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 194: To ask the Minister for Social Protection if and when payments for disability allowance and invalidity pension will be paid in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [16513/11]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that a disability allowance appeal by the person concerned was registered in that office on 12 January 2011. 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 in the Social Welfare Appeals Office on 30 May 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. There is no record of an application for invalidity pension for the person concerned.

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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 195: To ask the Minister for Social Protection further to Parliamentary Question No. 206 of 7 June 2011, the way it was determined that a person (details supplied) in County Kildare was eligible for invalidity pension in 2008 but after two years was deemed ineligible despite having had no improvement in their health in the meantime and is awaiting further surgery; and if she will make a statement on the matter. [16517/11]

Joan Burton (Dublin West, Labour)
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Invalidity pension is a payment made to people who satisfy the social insurance contribution conditions and who are permanently incapable of work. The claimant was awarded an invalidity pension from 24th January 2008.

Following a review of the customer's medical eligibility, it was decided in 2009 that she no longer satisfied the medical criteria for invalidity pension. Accordingly, the invalidity pension payment was terminated from the 5th November 2009. The claimant appealed this decision and was referred for a second examination, which was carried out by a different medical assessor. The opinion of the second medical assessor also was that the claimant did not satisfy the medical criteria. Following this medical examination and having considered all the evidence, the appeals officer disallowed the appeal for the person concerned. The customer was notified of this decision and the reason for it, in writing on the 26th October 2010. The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence.