Bernard Durkan (Kildare North, Fine Gael)
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143. To ask the Minister for Social Protection if an oral hearing will be arranged to determine eligibility in respect of guardianship payment in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [47591/13]

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 of the available evidence, disallowed the appeal of the person concerned by way of a summary decision dated 5^th March 2013. The person concerned was notified of the Appeals Officer’s decision on 15^th March 2013 and was provided at that time with a detailed explanation of the basis for the Appeals Officer’s decision to disallow the appeal. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts. The appeal, in this case, was closed on 15^th March 2013 and I am advised that the person concerned made no further contact with the Appeals Office since that date.

In view of the lapse of time since the Appeals Officer made his decision and the decision was communicated to the person concerned, I am advised by the Social Welfare Appeals Office that it is not proposed to re-open the appeal in this case. However, in the event that the person concerned has additional evidence or new facts in support of her application for a guardian’s payment, it is open to her to make a new claim to the Department of Social Protection.

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.