Pearse Doherty (Donegal South West, Sinn Fein)
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216. To ask the Minister for Social Protection with regard to an application for domiciliary care which was received by her Department on 10 May 2012, refused and subsequently went for Appeal in February 2013 (details supplied) in County Donegal, if it is appropriate that this application will now take a possible 41 weeks if it goes to an oral hearing and in view of the fact that further new information was received by the appeals office last week with regard to this young persons condition; and if she will make a statement on the matter. [21348/13]

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, disallowed the appeal of the person concerned by way of summary decision. 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 Appeals Officer has agreed to hold an oral hearing in this case which will be scheduled for the last week of May. The person concerned will be notified shortly of the arrangements for the 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.