John Lyons (Dublin North West, Labour)
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Question 397: To ask the Minister for Social Protection if she will review a decision not to award an oral hearing in the case of a person (details supplied) in Dublin 11. [29782/12]

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 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. The legislation also provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in this case as it was considered that an oral hearing was not warranted. 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.