Bernard Durkan (Kildare North, Fine Gael)
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Question 78: To ask the Minister for Social Protection if and when an appeal will be determined in the case of a person (details supplied) in County Kildare in respect of their application for domiciliary care allowance; if an oral hearing can be granted in respect of same; and if she will make a statement on the matter. [29826/12]

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 18th October 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 17th January 2012 and the case has been referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.