John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 400: To ask the Minister for Social Protection if an application for domiciliary care allowance will be approved in respect of a person (details supplied) in County Kilkenny. [23825/11]

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 13 June 2011. 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 2nd August 2011 and the appeal has now been assigned 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.

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 401: To ask the Minister for Social Protection further to Parliamentary Question No. 177 of 7 June 2011, if there has been any progress made with the appeal; and a likely time frame for a decision. [23829/11]

Joan Burton (Dublin West, Labour)
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Applications for domiciliary care allowance (DCA) were received on the 13th May 2011 in respect of the children in question. These applications were referred to one of the Department's Medical Assessors who found that the children were not medically eligible for domiciliary care allowance. Letters issued to the person in question on the 19th August 2011 advising her of the decision to refuse domiciliary care allowance.

In the case of an application which is refused on medical grounds, the applicant may submit additional information and/or ask for the case to be reviewed or they may appeal the decision directly to the Social Welfare Appeals Office within 21 days. The person concerned has submitted further information and an appeal will be registered by the Social Welfare Appeals Office. As part of the appeals process this additional information will be reviewed by another Medical Assessor in advance of being sent for the appeal hearing.