Joan Burton (Dublin West, Labour)
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The claim for disability allowance, by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that she did not satisfy the statutory means test.

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence, disallowed the appeal by way of summary 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.

Following the submission of additional evidence the Appeals Officer has reviewed, on two separate occasions, his decision in this case. However, the Appeals Officer having considered all the available evidence decided that a revision of his original decision 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.

Willie O'Dea (Limerick City, Fianna Fail)
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Question 252: To ask the Minister for Social Protection when a decision will be reached on an application for domiciliary care in respect of a person (details supplied). [24637/11]

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 08 March 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 20 June 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.