Bernard Durkan (Kildare North, Fine Gael)
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Question 162: To ask the Minister for Social Protection the basis on which it was determined by a medical referee that a person (details supplied) in County Kildare was no longer entitled to domiciliary care allowance, given the existence of clear and incontrovertible medical evidence to the affect that the child requires significantly more attention than is normally required for a child of that age; if she will therefore urgently review the case with a view to immediate restoration of the payment or, in default thereof, arrange for an oral hearing to appeal the matter; and if she will make a statement on the matter. [1814/12]

Joan Burton (Dublin West, Labour)
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An application for domiciliary care allowance (DCA) was received on 16th June 2010 from the person concerned. This application was referred to one of the Department's Medical Assessors who found that her child was medically eligible for the allowance. DCA cases processed by the Department have a review date entered when initially awarded. This date is based on the recommendation of the Medical Assessor having considered the child's medical prognosis. A review date of 12 months was entered in this case.

The person concerned was contacted on 24th October 2011 in relation to the review of her DCA claim and she submitted up-to-date information regarding the medical condition and the substantial extra care and attention required by her son. This information was referred to one of the Department's Medical Assessors who found that her child no longer met the medical eligibility criteria for the allowance. A letter issued on 6th December 2011 advising her of the decision.

In the case of an application which is refused on medical grounds, the applicant may submit additional information in support of their case and this information will be reviewed and/or they may appeal the decision to the Social Welfare Appeals Office. The person concerned requested a review and the case was subsequently examined by another Medical Assessor who also found that the child was no longer medically eligible for the payment. She was notified of this decision on 3rd January 2012 and informed of her right of appeal to the Social Welfare Appeals Office.

Bernard Durkan (Kildare North, Fine Gael)
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Question 163: To ask the Minister for Social Protection when the date for an oral hearing is likely to be set in the case of a person (details supplied) in County Kildare in respect of their application for domiciliary care allowance; and if she will make a statement on the matter. [1816/12]

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 and 2011 when the intake rose to 32,432 and 31,241 respectively. 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 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.