Michael Healy-Rae (Kerry South, Independent)
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Question 305: To ask the Minister for Social Protection the position regarding the case of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [22808/11]

Joan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 19 March 2010. His claim was referred to one of the department's medical assessors who was of the opinion that the person was not medically suitable for disability allowance. The deciding officer accepted this opinion and refused the claim and the person was notified in writing of this decision.

The person subsequently appealed this decision to the Social Welfare Appeals Office. Based on the evidence before him the appeals officer found that the person was not substantially restricted in undertaking suitable employment by reason of a specified disability within the meaning of Social Welfare legislation and the appeal was not allowed. The applicant was notified of this decision in writing by the Social Welfare Appeals Office on 31 May 2011.

An appeal officer's decision is final and conclusive in the absence of any fresh facts or evidence.

Michael Healy-Rae (Kerry South, Independent)
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Question 306: To ask the Minister for Social Protection the position regarding the case of the person (details supplied) in County Kerry; and if she will make a statement on the matter. [22813/11]

Joan Burton (Dublin West, Labour)
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Currently Supplementary Welfare Allowance (SWA) is administered by the Community Welfare Service of the Health Service Executive (HSE) on behalf of the Department. The person concerned applied for supplementary welfare allowance in February 2011, this application was refused as in the opinion of the HSE he was deemed not to be habitually resident based on an assessment of his particular circumstances.

The HSE further advised that the person concerned appealed the decision to the HSE Appeals Office and subsequently to the Social Welfare Appeals Office. In both instances the appeals officers upheld the decision to refuse SWA.