Written answers

Wednesday, 7 December 2011

Department of Social Protection

Social Welfare Appeals

10:00 pm

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Question 37: To ask the Minister for Social Protection if a decision has been made on an appeal for carer's allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39097/11]

Photo of Joan BurtonJoan 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 available evidence disallowed the appeal of the person concerned by way of a 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 agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised. 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 Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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Question 38: To ask the Minister for Social Protection if a decision has been made on the appeal for one parent family allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39099/11]

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 21 December 2010. 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 December 2011 and the appeal will be assigned, in due course, 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. I have been advised by the Social Welfare Appeals Office that the reason for the inordinate delay in receiving these papers from the Department is that the case was under investigation by a Social Welfare Inspector.

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 Paul ConnaughtonPaul Connaughton (Galway East, Fine Gael)
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Question 39: To ask the Minister for Social Protection when an appeal on a disability allowance will be finalised in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [39124/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was registered on 09 September 2011 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context an examination by another Medical Assessor will be carried out on 12 December 2011.

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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