Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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455. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on a disability allowance section 317 review (details supplied); and if she will make a statement on the matter. [59467/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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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 am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the disability allowance appeal of the person concerned by way of a summary decision on 18 October 2022.

Under social welfare legislation the decision of an Appeals Officer is generally 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 subsequently submitted additional evidence and that the Appeals Officer has agreed on receipt of the file from the Disability Allowance section in the Department of Social Protection to immediately review the appeal decision on foot of this additional evidence. The person concerned will be advised of the outcome of the review in due course.

I trust this clarifies the matter for the Deputy.

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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456. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on a disability allowance application (details supplied); and if she will make a statement on the matter. [59468/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I can confirm that my department received an application for disability allowance (DA) from this person on 02 November 2022.

Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that they were substantially restricted in taking up employment.

The person concerned was notified in writing of this decision on 25 November 2022 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

I trust this clarifies the matter for the Deputy.