Bernard Durkan (Kildare North, Fine Gael)
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Question 376: To ask the Minister for Social Protection if payment of invalidity pension will now be restored to a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23670/11]

Joan Burton (Dublin West, Labour)
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The person concerned was awarded an invalidity pension from 24 January 2008.

On 16 October 2009 she was called for and attended a medical examination and was assessed in-person by a medical assessor. It was decided that she no longer satisfied the medical criteria for invalidity pension. Accordingly, her invalidity pension payment was terminated from the 5th November 2009.

She appealed this decision and was referred for a second in-person medical examination. She attended this medical examination on 17 February 2010. This medical examination was carried out by a different medical assessor. The opinion of the second medical assessor also was that the person concerned 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. She was notified of this decision and the reason for it in writing on 26 October 2010. The decision of an appeals officer is final and conclusive in the absence of fresh facts or evidence.

The person concerned subsequently submitted further written medical evidence which was referred to a medical assessor for their consideration. The opinion of this medical assessor was that the further medical evidence provided did not contain any fresh facts or evidence in the case. Consequently, the person in question remains ineligible for invalidity pension.

Bernard Durkan (Kildare North, Fine Gael)
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Question 377: To ask the Minister for Social Protection if entitlement to social welfare payment will be restored which has been refused on habitual residency grounds in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [23671/11]

Joan Burton (Dublin West, Labour)
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An application for jobseeker's allowance from the person concerned was disallowed on 2 March 2011 on the grounds that he was not habitually resident in the State. He was advised of his right to appeal the decision but no appeal has been received.