Billy Timmins (Wicklow, Fine Gael)
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Question 114: To ask the Minister for Social Protection the position regarding an appeal in respect of a person (details supplied) in County Wicklow; and if she will make a statement on the matter. [7341/12]

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 available evidence, partially allowed the appeal of the person concerned. The person concerned was notified of the Appeals Officer decision on 30 January 2012.

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.

Pat Breen (Clare, Fine Gael)
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Question 115: To ask the Minister for Social Protection the reason a person (details supplied) in County Clare has not been facilitated; and if she will make a statement on the matter. [7347/12]

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 24 August 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 28 November 2011 and the appeal was assigned to an Appeals Officer on 27 January 2012 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.