Tom Fleming (Kerry South, Independent)
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Question 135: To ask the Minister for Social Protection when a decision will issue on an illness benefit appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [25754/12]

Joan 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 she was capable of work. An appeal was registered 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, it was intended to carry out an examination by another Medical Assessor. However, the Medical Referral and Assessment Section were unable to arrange a second medical examination, in this case, as the person concerned discontinued submitting medical evidence. Payment of illness benefit was made to 24 August 2011 and the last medical certificate received from the person concerned was dated 03 August 2011. In the circumstances the appeal has been withdrawn. 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.