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Social Welfare Appeals.

Dáil Éireann Debate, Thursday - 6 November 2008

Thursday, 6 November 2008

Questions (218, 219)

Michael Ring

Question:

218 Deputy Michael Ring asked the Minister for Social and Family Affairs when a disability appeal for a person (details supplied) in County Mayo will be finalised. [39068/08]

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Written answers

Payment of illness benefit to the person concerned was disallowed from 2 May 2008 by a Deciding Officer of the Department following an examination by a Medical Assessor who expressed the opinion that the person concerned was not incapable of work.

An appeal was opened on 16 May 2008 and I am advised by the Social Welfare Appeals Office that, in accordance with the statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context another examination was carried out on 30 June 2008 by a different Medical Assessor who was also of the opinion that the person concerned was not incapable of work.

The case has been referred to an Appeals Officer who proposes to hold an oral appeal hearing. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on Social Welfare entitlements.

Bernard J. Durkan

Question:

219 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if a review will be undertaken in the case of an application for supplementary welfare allowance or rent supplement in the case of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [39145/08]

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All applicants regardless of nationality, from 1 May 2004, are required to be habitually resident in the State in order to qualify for Supplementary Welfare Allowance, child benefit and certain social welfare assistance payments.

The Dublin Mid-Leinster Area of the Health Service Executive has advised that the person concerned was refused supplementary welfare allowance and rent supplement on the grounds that he is not habitually resident in the country. Any applicant who disagrees with the decision of a Community Welfare Officer has the right to appeal to the Executive's designated Appeals Officer. The person concerned has been advised of his right of appeal against this decision to disallow his claims. He can appeal subsequently if necessary to the Social Welfare Appeals Office. No appeal has been received from him to date.

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