Written answers

Wednesday, 2 April 2014

Department of Social Protection

Disability Allowance Appeals

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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137. To ask the Minister for Social Protection the progress to date in respect of an appeal for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15567/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The person concerned applied for disability allowance on 13 June 2012 and her claim was refused on 13 September 2012 as a deciding officer decided that she failed to satisfy the medical conditions for receipt of the allowance. The person subsequently appealed this decision to the Social Welfare Appeals Office. On 6 March 2014 the Social Welfare Appeals Office notified the person that the appeal on medical grounds was allowed and advised the person that subject to a means test that she may qualify for disability allowance.

In order to establish the person's means, the deciding officer has recently written to the person requesting additional information not already supplied. A decision will be made upon the receipt of the requested information and the person will be notified directly of the outcome.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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138. To ask the Minister for Social Protection the progress to date in respect of appeal for disability allowance in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [15568/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that a disability allowance appeal by the person concerned was registered in that office on 24th March 2014. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers 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.

I am advised by the appeals office that, in addition to his disability allowance appeal, the person concerned also registered an invalidity pension appeal with that office on 9th December 2013. The invalidity pension appeal was referred to an Appeals Officer on 28th March 2014.

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.

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