Michelle Mulherin (Mayo, Fine Gael)
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32. To ask the Minister for Social Protection the position regarding an appeal against the refusal of a domiciliary care allowance in respect of a person (details supplied); if same will be expedited as the person is under considerable financial pressure; and if she will make a statement on the matter. [38585/14]

Joan Burton (Dublin West, Labour)
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An application for domiciliary care allowance (DCA) was received from the person concerned on 11 February 2014. This application was referred to one of the Department’s Medical Assessors who did not consider that the child met the medical criteria for the allowance. A letter issued on the 9 May 2014 outlining the decision of the deciding officer to refuse the allowance.

A review of this decision was requested on 28 May 2014 and additional information on this child’s condition/care needs was supplied. The application together with the new information supplied was examined by another medical assessor who did not consider that the child met the medical criteria for the allowance. A letter issued on 1 September 2014 outlining the decision of the deciding officer that a revised decision under section 301 of the Social Welfare Consolidation act 2005 was not warranted and giving the applicant the option of appealing the decision. To date, the person concerned has not lodged an appeal against this decision.

Michelle Mulherin (Mayo, Fine Gael)
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33. To ask the Minister for Social Protection the position regarding an appeal against the refusal of domiciliary care allowance in respect of a person (details supplied); and if she will make a statement on the matter. [38586/14]

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 registered in that office on 5 September 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 appeal 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 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 on social welfare entitlements.