Dessie Ellis (Dublin North West, Sinn Fein)
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160. To ask the Minister for Social Protection the reason a person (details supplied) in County Wicklow was refused disability allowance; and if he is entitled to any other payment. [43439/13]

Joan Burton (Dublin West, Labour)
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Payment of disability allowance, to the person concerned, was refused by a Deciding Officer following an assessment by a Medical Assessor of the Department of Social Protection who expressed the opinion that he was medically unsuitable for disability allowance.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a 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 light of new evidence or new facts.

I am further advised that the person concerned has submitted additional evidence and that the Department was requested to return the file to the Social Welfare Appeals Office. The file has now been received and referred to the Appeals Officer dealing with this appeal who will, in light of the additional evidence, review the case. The person concerned will be contacted when the review of his appeal has been finalised. If the means of the person concerned are insufficient to meet his needs he should contact Community Welfare Services regarding his entitlement to supplementary welfare allowance.

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.