Written answers

Tuesday, 22 November 2011

Department of Social Protection

Social Welfare Appeals

8:00 pm

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 268: To ask the Minister for Social Protection if she will confirm the status of an application for domiciliary care allowance in respect of a person (details supplied) in County Kilkenny; and if this claim will be approved in view of the evidence provided and the hardship of the case. [35630/11]

Photo of Joan BurtonJoan 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 2 August 2011 and the appeal has been assigned 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.

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 269: To ask the Minister for Social Protection when an oral hearing will be held in respect of a person (details supplied) in County Laois; and if she will make a statement on the matter. [35700/11]

Photo of Seán FlemingSeán Fleming (Laois-Offaly, Fianna Fail)
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Question 270: To ask the Minister for Social Protection when an oral hearing will be held for a person (details supplied) in County Laois; and if she will make a statement on the matter. [35703/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 269 and 270 together.

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

On foot of correspondence submitted in respect of this case, the Deputy Chief Appeals Officer wrote to the accountant of the person concerned on 17th August 2011 seeking clarification on a number of issues. To date, no response has been forthcoming. 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.

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