John McGuinness (Carlow-Kilkenny, Fianna Fail)
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361. To ask the Minister for Social Protection the position regarding social welfare payments due to a person (details supplied) in County Kilkenny; if correspondence relating to their benefits submitted by them has been considered; and if they are due an increase in benefit and arrears. [7531/14]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that appeals by the persons concerned were registered in that office on the 10^th December 2013. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeals be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on the 5^th February 2013 and 6^th February 2013 respectively. However, I understand that the person concerned has submitted a Freedom of Information request to the Department and that the files have been temporarily returned to the Department to deal with that request. On their return the files will be referred to an Appeals Officer who will make a summary decision on the appeals based on documentary evidence presented or, if required, hold an oral 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.