Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection if a late appeal will be accepted in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [37974/12]

Joan Burton (Dublin West, Labour)
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An application for invalidity pension, by the person concerned, was disallowed by a Deciding Officer of the Department on 18th October 2011. I am informed by the Social Welfare appeals Office that there is no trace of appeal against this decision, by the person concerned. In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. This limit is not rigidly enforced but in view of the length of time which has elapsed since the person concerned was notified the decision and in the absence of any explanation for the failure to make the appeal within the prescribed time, it is considered that the acceptance of an appeal would not be warranted at this late stage.

I understand that the person concerned has lodged a new application for invalidity pension and her case will be determined afresh in the light of any changed circumstances. If she is dissatisfied with the decision given in that regard, it would be open to her to appeal the decision by writing to the Appeals Office stating clearly the grounds of her appeal. 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.