Seán Kenny (Dublin North East, Labour)
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Question 106: To ask the Minister for Social Protection when a decision will issue on an appeal against a disallowance of a carer's allowance claim in respect of a person (details supplied) in Dublin 5 [16931/11]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case. There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further 9 additional appointments to the office in recent weeks. While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made.

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.

Seán Kenny (Dublin North East, Labour)
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Question 107: To ask the Minister for Social Protection if she will request the chief appeals officer to review the disallowance of the jobseeker's allowance claim in respect of a person (details supplied) in Dublin 13 who was refused their request for an oral hearing in respect of which he has been advised he has a legal entitlement. [16932/11]

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. Notification of the Appeals Officers decision was issued on 9th June 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. The legislation also 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 the case of the person concerned as it was considered that an oral hearing was not warranted.

I am advised by the Social Welfare Appeals Office that no new evidence has been received to date in that Office to warrant a review of the case by the Appeals Officer. 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.