Bernard Durkan (Kildare North, Fine Gael)
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85. To ask the Minister for Social Protection to review an appeal by a person (details supplied) in County Kildare under the disability allowance scheme; the stage to which the person's condition must be advanced in order to qualify for the allowance; and if she will make a statement on the matter. [5925/16]

Joan Burton (Dublin West, Labour)
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The conditions for eligibility for Disability Allowance are set out in Section 210 (1) (b) of the Social Welfare Consolidation Act, 2005 and in Article 137 of S.I. No. 142 of 2007. There are two elements to the test - the person must have a disability which has continued or may reasonably be expected to continue for a period of at least one year; and they must, by reason of that disability be substantially restricted in undertaking suitable employment having regard to their age, qualifications and experience.

In the case of the person concerned, I am advised that the Appeals Officer disallowed the appeal following an oral hearing, having considered all of the available evidence. I am advised that while the level of medication prescribed was one determining factor, there were a number of factors which led to the Appeals Officer’s disallowance of the appeal. These factors were summarised in the appeal decision which issued to the person concerned. However, in case there is any confusion about the reasons for the disallowance of the appeal, I have asked the Appeals Office to arrange for a copy of the report of the oral hearing to be sent to the person concerned.

Under social welfare law an Appeals Officer’s decision is generally final and conclusive and can only be revised in certain limited circumstances, for example in light of new facts or evidence which were not before the Appeals Officer when he made his decision; or if it can be established that the Appeals Officer made an error of fact or law in reaching his decision.

If the person concerned wishes to have his appeal decision reviewed on the basis of new facts or evidence which would support his contention that he meets the above legislative conditionality, it is open to him to send this evidence to the social welfare appeals office and to request a review in light of this new evidence.

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.