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Social Welfare Appeals

Dáil Éireann Debate, Wednesday - 7 December 2011

Wednesday, 7 December 2011

Questions (36, 37, 38, 39)

Pat Breen

Question:

36 Deputy Pat Breen asked the Minister for Social Protection further to Parliamentary Question No. 60 of 26 October 2011, when a decision will issue on an application for farm assist in respect of a person (details supplied) in County Clare; and if she will make a statement on the matter. [39071/11]

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Written answers

Further to my response to PQ Ref. No. 31614/11 on 26 October 2011, I am advised by the Social Welfare Appeals Office that the appeal, by the person concerned, was assigned to an Appeals Officer for consideration on 13 October 2011. The Appeals Officer referred the case back to the Social Welfare Inspector for clarification on certain issues. The case was reassigned to the Appeals Officer on 25 November 2011 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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 on social welfare entitlements.

Brendan Griffin

Question:

37 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on an appeal for carer’s allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39097/11]

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I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence the Appeals Officer has agreed to review the case. The person concerned will be contacted when the review of her appeal 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 on social welfare entitlements.

Brendan Griffin

Question:

38 Deputy Brendan Griffin asked the Minister for Social Protection if a decision has been made on the appeal for one parent family allowance in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [39099/11]

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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21 December 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 2 December 2011 and the appeal will be assigned, in due course, to an Appeals Officer who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing. I have been advised by the Social Welfare Appeals Office that the reason for the inordinate delay in receiving these papers from the Department is that the case was under investigation by a Social Welfare Inspector.

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 on social welfare entitlements.

Paul Connaughton

Question:

39 Deputy Paul J. Connaughton asked the Minister for Social Protection when an appeal on a disability allowance will be finalised in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [39124/11]

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Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was registered on 09 September 2011 and the Social Welfare Appeals Office has advised me that, in accordance with 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 an examination by another Medical Assessor will be carried out on 12 December 2011.

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 on social welfare entitlements.

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