Bernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection if and when an appeal in respect of domiciliary will be granted in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [52556/12]

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 evidence, including that adduced at oral hearing, disallowed the appeal of the person concerned.

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.

Following the submission of additional evidence the Chief Appeals Officer agreed to review the case. The Chief Appeal Officer has a number of reviews under consideration at present and this case will be finalised shortly.

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.