Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Question 268: To ask the Minister for Social Protection when a domiciliary care allowance appeal will be processed in respect of a person (details supplied) in County Offaly; the criteria used in deciding this case; and if she will make a statement on the matter. [19963/11]

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 Appeals Officers decision. 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. 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.

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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Question 269: To ask the Minister for Social Protection if the case of a person (details supplied) in County Offaly has been referred to the appeals officer and when an oral hearing will be arranged; and if she will make a statement on the matter. [19964/11]

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 26th October 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 in the Social Welfare Appeals Office on 7th July 2011 and the appeal will, in due course, be referred 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.

Billy Timmins (Wicklow, Fine Gael)
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Question 270: To ask the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Wicklow.; and if she will make a statement on the matter. [20002/11]

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 examined by a Medical Assessor of the Social Welfare Services who was of the opinion that she was capable of work. She appealed this decision and in that context she was examined by another Medical Assessor who also expressed the opinion that she was capable of work. In the light of this, it was decided to afford the person concerned an opportunity of setting out the complete and up to date grounds of her appeal and to furnish any further medical evidence that she wished to submit in support of her appeal. She did this and, at this stage, the Social Welfare Services have been requested to submit relevant documents to this office on her case. On receipt of their response her appeal will be referred to an Appeals Officer for consideration.