Gerry Adams (Louth, Sinn Fein)
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Question 282: To ask the Minister for Social Protection the basis on which the chief appeals officer determined to disallow an application for disability allowance by a person (details supplied) in County Louth stating the person did not demonstrate that they satisfy the conditions on habitual residence; if she will clarify the confusion surrounding this application; and if she will make a statement on the matter. [34108/11]

Joan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned.

A copy of the Appeals Officer's report, which set out the basis on which the decision was made, was sent, on request, to the person's solicitor on 19th October 2011.

The Appeals Officers decision which issued on 16th September 2011, contained a typing error in relation to the habitual residence conditions. An amended decision was issued to the person concerned on 10 October 2011 with the apologies of the Appeals Officer.

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.

Anne Ferris (Wicklow, Labour)
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Question 283: To ask the Minister for Social Protection if she will provide an update on the appeal in respect of a person (details supplied) in County Wicklow; the reason this Deputy has not received a response from the appeals office to her representations dated 22 July and 15 August; and if she will make a statement on the matter. [34110/11]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made.

The huge increase in the numbers of appeals to the Office has also resulted in a large backlog in dealing with correspondence, which is also dealt with in chronological order. While this is regretted, priority in the Office is given to the registration and preparation of files for appeals, scheduling oral hearings and the issue of decisions.

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.

Finian McGrath (Dublin North Central, Independent)
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Question 284: To ask the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in Dublin 7. [34112/11]

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 27 September 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 11 October 2011 and the appeal has been referred to 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.