Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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363. To ask the Minister for Social Protection further to Parliamentary Question No. 514 of 16 October 2012, the reason a person with a horticulture enterprise is not categorised as a farmer for the purpose of applying for farm assist while they are categorised as a farmer in the Department of Agriculture; and if she will make a statement on the matter. [2666/13]

Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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387. To ask the Minister for Social Protection when a farm assist application appeal will be heard in respect of a person (details supplied) in County Offaly; and if she will make a statement on the matter. [2970/13]

Joan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 363 and 387 together.

The farm assist application, by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that his means are in excess of the statutory limit and he is not engaged in husbandry.

The Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including the comments of the Deciding Officer on the grounds of appeal, the case was referred to an Appeals Officer for consideration. The Appeals Officer has referred the case back to the Deciding Officer for clarification on certain matters. On receipt of her response, the appeal will be further considered by the Appeals Officer.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decision on social welfare entitlements.