Brendan Griffin (Kerry South, Fine Gael)
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303. To ask the Minister for Social Protection if a decision has been made on an appeal of a disability allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [27269/14]

Joan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 16 April 2014. Following consideration of the case the Appeals Officer has referred the file back to the Department for clarification on how the means of the person concerned were assessed and to consider new information which has been submitted. As soon as the matter in question has been clarified by the Department the Appeals Officer will complete his consideration of the appeal. 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.

Brendan Griffin (Kerry South, Fine Gael)
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304. To ask the Minister for Social Protection if a decision has been made on the review of further medical evidence in an appeal of a disability allowance application in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [27271/14]

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, including that adduced at oral hearing, decided to disallow the appeal of the person concerned. The person concerned was notified of this decision on 22 October 2013. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts or where there has been any relevant change of circumstances which has come to notice since the Appeals Officer’s original decision was given.

I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the case on foot of this additional evidence. Regrettably the Appeals Officer did not find that the additional evidence warranted a revision of his earlier decision. The person concerned was notified of the outcome of the Appeals Officer’s review on 16 January 2014. I understand that the person concerned has submitted further evidence and that his appeal was referred again to the Appeals Officer on 12 June 2014. The person concerned will be contacted when the further review of his appeal has been finalised.

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 on social welfare entitlements.