John McGuinness (Carlow-Kilkenny, Fianna Fail)
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128. To ask the Minister for Social Protection the position regarding a review appeal in respect of a person (details supplied) in County Carlow and if she will expedite a response. [21752/13]

Joan Burton (Dublin West, Labour)
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The claim for disability allowance, by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that his means exceeded the statutory limit for entitlement to the allowance.

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. The person concerned was notified of the Appeals Officers decision on 15 April 2013.

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. Correspondence submitted, by the person concerned, dated 20 April 2013 did not contain any new evidence or new facts that would warranted a review of the Appeals Officers decision.

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