Seán Sherlock (Cork East, Labour)
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435. To ask the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance claim by a person (details supplied) in County Cork. [5762/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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An application for domiciliary care allowance was received from the person concerned on the 30th September 2020. The application was not allowed as the child was not considered to satisfy the qualifying conditions for the allowance. A letter issued on the 6th November setting out the decision of the deciding officer to refuse the allowance.

A request for a review of the decision was received on the 24th November 2020. The application was re-examined by a deciding officer and the person concerned was notified on the 22nd January 2021 that the review was unsuccessful.

I hope this clarifies the matter for the Deputy.

Seán Sherlock (Cork East, Labour)
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436. To ask the Minister for Employment Affairs and Social Protection the status of a domiciliary care allowance application in respect of a person (details supplied) in County Cork. [5763/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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, decided to disallow the appeal of the person concerned by way of a summary decision on 13 November 2020.  The person concerned was notified of the Appeals Officer's decision on 17 November 2020. Under social welfare legislation the decision of an Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts.   

I am advised that the person concerned submitted additional evidence on 3 December 2020 and that the Appeals Officer is now undertaking a review of the decision under section 317 of the Social Welfare Consolidation Act 2005.  The person concerned will be contacted when the review of their appeal decision 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 in relation to social welfare entitlements. 

I trust this clarifies the matter for the Deputy.