Michelle Mulherin (Mayo, Fine Gael)
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93. To ask the Minister for Social Protection the reason a person (details supplied) in County Mayo received no notice of determination under sections 5.1, 5.2 and 5.3 of the Pension Ombudsman Regulations 2003 (S.I. 397 of 2003), despite having submitted a formal appeal and all necessary information on 3 September 2012; when the Notice of Determination will be given to the complainant; and if she will make a statement on the matter. [28537/13]

Joan Burton (Dublin West, Labour)
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This case concerns an appeal against an application for ill health retirement. Appeals against medical findings in relation to retirement on grounds of ill health are not provided for in the Superannuation Code and as such are not appropriate to the Pensions Ombudsman. Notwithstanding this, the person concerned wrote to the Pensions Ombudsman detailing their case in August 2012. In response the Ombudsman advised the person concerned, by letter of 21^st August 2012, that they should first undergo the Internal Disputes Resolution process in my Department. Subsequently the person concerned underwent the Internal Disputes Resolution process in my Department and the original findings were upheld. In this regard, the response which issued from my Department on 21^st January 2013 in response to the appeal of 3^rd September 2012 satisfies the criteria required by the Pensions Ombudsman regarding the provision of a notice of determination.

My Department is satisfied that it has complied with its requirements under the Internal Disputes Resolution and the Pensions Ombudsman's office has confirmed that no further communication has been received from the person concerned in relation to this matter. The officer concerned retired from my Department on 28^th February 2012 under the cost neutral scheme following an unsuccessful application to retire from the Civil Service on grounds of ill health.

To clarify for the deputy, the procedures for dealing with an application by a civil servant to retire on grounds of ill health are outlined below. These procedures are contained in Department of Finance Circular 22/07. Ill health retirement applications are considered initially by the Chief Medical Officer for the Civil Service, who on receipt of an application from an officer, offers a medical opinion as to whether an individual is incapable on medical grounds of regular and effective service at the time of the application and whether the medical incapacity is likely to be permanent. Where an officer is not satisfied with the opinion provided by the Chief Medical Officer, an independent medical referee can be requested to re-examine the case. The final decision on whether or not a civil servant is granted ill health retirement lies with the relevant appropriate authority, having received the Chief Medical Officer's advice. The appropriate authority in this case was the Secretary General of my department.

In the case of this officer, neither the Chief Medical Officer nor the independent medical referee supported the application for ill health retirement. Following representations from the officers' Union, the application for ill health retirement was further reviewed by the Personnel Officer who was satisfied that the correct procedures were followed and that the Department acted correctly in making the decision to refuse this application for retirement on grounds of ill health based on the facts that both the Chief Medical Officer and the independent medical referee did not support the application.