Michael Healy-Rae (Kerry South, Independent)
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Question 360: To ask the Minister for Social Protection the position regarding an appeal for invalidity benefit in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23600/11]

Joan Burton (Dublin West, Labour)
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Payment of an invalidity pension, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened and in the context of that appeal, her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work.

I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford her an opportunity of setting out the complete and up to date grounds of her appeal. On receipt of her response the relevant departmental papers will be requested from the Department and the appeal will then be referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Michael Healy-Rae (Kerry South, Independent)
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Question 361: To ask the Minister for Social Protection the position regarding jobseeker's allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [23602/11]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 5th September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.

It is open to the person concerned to apply to the Health Service Executive (Community Welfare Officer) for financial assistance while his appeal is pending.

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.