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Social Welfare Appeals.

Dáil Éireann Debate, Tuesday - 7 December 2004

Tuesday, 7 December 2004

Questions (169, 170)

Michael Ring

Question:

189 Mr. Ring asked the Minister for Social and Family Affairs the outcome of an oral hearing for a person (details supplied) in County Mayo to finalise a farm assist appeal. [32432/04]

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Written answers

The person concerned made a claim for farm assist from 10 February 2004. The deciding officer disallowed the claim on the grounds that the person's means exceed the statutory limit for receipt of farm assist. The means were assessed at €413 weekly, derived from €404 capital and the remainder from land.

The person concerned appealed this decision to the social welfare appeals office. Following an oral hearing on 16 November 2004 the appeals officer disallowed the appeal. Under social welfare legislation, decisions on 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.

Michael Ring

Question:

190 Mr. Ring asked the Minister for Social and Family Affairs when a disability allowance appeal will be finalised for a person (details supplied) in County Mayo. [32433/04]

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Following an examination by a medical assessor of the Department, the claim for disability benefit of the person concerned was disallowed by a deciding officer on the grounds that he did not satisfy the medical eligibility criteria. He appealed this decision to the social welfare appeals office and in the context of his appeal he was examined by another medical assessor on 22 October 2004, who was also of the opinion that he did not satisfy the relevant medical eligibility criteria.

In light of this the person was afforded the opportunity to furnish further evidence he wished in support of his appeal. He submitted further medical evidence which has been considered by the chief medical adviser of the Department who does not consider that it affords a sufficient basis to change the findings of the medical assessors. A submission from the deciding officer has now been requested and on receipt of this the case will be referred to the appeals officer for early consideration. 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.

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