Michael McNamara (Clare, Labour)
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146. To ask the Minister for Social Protection when a person (details supplied) in County Clare will receive a decision on an appeal on Partial Capacity Benefit; and if she will make a statement on the matter. [43268/13]

Joan Burton (Dublin West, Labour)
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Partial capacity benefit was awarded to the person concerned following an assessment by a Medical Assessor of the Department who expressed the opinion that the restriction on his capacity for work should be assessed as moderate.

An appeal was registered in this case on 20 June 2013 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department has been asked to provide the documentation in the case and the Deciding Officer’s comments on the grounds of the appeal. In that context, an assessment by another Medical Assessor will be carried out. When these have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal 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 in relation to social welfare entitlements.