Ann Phelan (Carlow-Kilkenny, Labour)
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To ask the Minister for Social Protection if she will investigate the case of a person (details supplied) in County Kilkenny who appealed the decision to refuse payment of jobseeker's benefit and subsequently won the appeal following an oral hearing; the person complied with all relevant criteria, however, they have been refused payment of arrears due to them from the period of initial application dating from January-July 2012; if she will fully investigate the circumstances surrounding this refusal and fully reimburse the applicant back to their application in January 2012; and if she will make a statement on the matter. [52914/12]

Joan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that Appeals Officers are statutorily appointed to decide on appeals by persons against decisions made by Deciding Officers of the Department. In doing so, they must have regard to merits of each individual case and also to the legislative conditions underpinning the relevant scheme.

In the case of the person concerned, an Appeals Officer, having fully considered all the evidence, including that adduced at an oral hearing allowed the appeal with effect from the date of the oral hearing. In the circumstances, no arrears are due in this case.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed in the light of new evidence or new facts or if an error in law has occurred.