Sandra McLellan (Cork East, Sinn Fein)
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Question 124: To ask the Minister for Social Protection the way a person who is having an operation on their knee on 17 April is considered suitable for work and not entitled to Illness benefit when months of physiotherapy will be required after the surgery; and if she will make a statement on the matter. [17355/12]

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 19th January 2012. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments on or on behalf of the Deciding Officer on the grounds of appeal be sought. When received, the appeal in question will be referred in due course to an Appeals Officer for consideration.

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.