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Dáil Éireann debate -
Tuesday, 20 May 2003

Vol. 567 No. 1

Written Answers. - Social Welfare Appeals.

Michael Ring

Question:

426 Mr. Ring asked the Minister for Social and Family Affairs the reason a further review of a carer's allowance appeal was refused in view of the further medical evidence submitted by a person (details supplied) in County Mayo; and if an oral hearing will be scheduled in this case. [13479/03]

The application for carer's allowance of the person concerned was disallowed by a deciding officer who, having considered the medical evidence furnished in support of the claim, and the views of the Department's chief medical adviser, decided that the care recipient was not in need of full-time care and attention as prescribed in the statutory provisions. The decision was appealed to the social welfare appeals office and, in the context of the appeal, the care recipient was examined by a medical assessor of my Department who also expressed the opinion that she was not in need of full-time care and attention. Following an oral hearing and having carefully considered all the available evidence, including that adduced at the hearing, the appeals officer disallowed the appeal.

The person subsequently submitted further medical evidence for consideration by the appeals officer. This evidence was forwarded to the chief medical adviser of the Department for his observations as to whether it would have had a bearing on the findings of the medical assessor who examined the care recipient. The chief medical adviser stated that, in his opinion, it would not have made any difference as this evidence was already on file at the time of the assessment. Having received the further views of the chief medical adviser, the appeals officer considers that no new evidence has been produced and, as the appellant has already been afforded an oral hearing at which she had a full opportunity to present her case, that a further oral hearing would not serve any useful purpose. The person concerned has been informed of his decision.

Under social welfare legislation decisions in relation to claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Question No. 427 answered with Question No. 106.

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