asked the Minister for Social Welfare when an unmarried mother's allowance will be paid to a person (details supplied) in Dublin 9 as she applied in October, 1983.
Written Answers. - Social Welfare Benefits.
443.
The claim of the person concerned to an unmarried mother's allowance was refused because her gross yearly earnings exceeded the statutory limit of £2,600 per annum, i.e. £50 per week. She appealed against this decision and an oral hearing of her appeal took place on 14 March 1984. Her case is still under consideration by the appeals officer and she will be notified of the outcome shortly.
444.
asked the Minister for Social Welfare the reason social welfare benefit is not being paid to a person (details supplied) in County Kerry.
The person concerned claimed disability benefit from 3 June 1980 and was paid to 4 June 1981. Payment ceased after that date as he had less than the required minimum of 156 paid contributions to his credit since his entry into insurance to entitle him to further payment. In order to requalify for payment of benefit he would require a further 13 weeks' employment for which the appropriate contributions have been paid.
445.
asked the Minister for Social Welfare the reason for the delay in granting a non-contributory widow's pension to a person (details supplied) in County Kerry.
A claim from the person concerned for a widow's non-contributory pension was received in the Department on 3 February 1984. The local social welfare officer has been requested to furnish a report on the claimant's means to establish if she qualifies for such pension. A question has arisen with regard to the transfer of some land to claimant's son and this is being clarified with the solicitor who acted in the matter. A decision on her entitlement will be given as soon as the officer's report is received and she will be notified of the outcome. Meanwhile it is understood that the claimant is in receipt of supplementary welfare allowance from the Southern Health Board.
446.
asked the Minister for Social Welfare the basis on which the decision of the appeals officer was made concerning an application for unemployment assistance made by a person (details supplied) in County Mayo.
An appeals officer assessed the means of the person concerned on the basis of an investigation of the case by a social welfare officer and the statements of bank accounts authorised by the applicant.
In assessing means as being in excess of the statutory limit of £4,053.40 per annum the appeals officer took into consideration the income from his holding mainly derived from the sale of stock and the value of capital. A deduction from the total gross income was however made in respect of all expenditure necessarily incurred in earning this income which included the costs of feed-stuffs and fertilisers.
447.
asked the Minister for Social Welfare the reason unemployment benefit has not been paid to a person (details supplied) in County Mayo.
The person concerned claimed unemployment benefit from 23 January 1984 but, as there was confusion over his correct revenue and social insurance number, there was a delay in tracing his insurance record for the period 6 April 1982 to 5 April 1983 which governed his claim. He was paid unemployment assistance each week pending a decision on his unemployment benefit claim. His contribution record was recently clarified and his unemployment benefit claim has been allowed at the weekly rate of £87.60 and arrears due were paid last week. Further weekly payments at £87.60 will be made as they become due.
448.
Mr. Coughlan
asked the Minister for Social Welfare when arrears of disability benefit will be paid to a person (details supplied) in County Donegal.
The person concerned claimed disability benefit from 11 July 1983 and was paid from 14 July 1983, fourth day of incapacity, at the maximum rate appropriate to a married man, to 16 July 1983, after which date he was certified as fit to resume work. A form on which to claim for his dependants was issued to him and was returned completed in respect of himself and his wife only. He again claimed disability benefit from 18 January 1984, and was paid at the maximum rate appropriate to a married man from 21 January 1984, fourth day of incapacity, to 1 February 1984, after which date he was certified as fit to resume work. A form on which to claim for his dependants was again issued to him and, on receipt of the completed form, his claim will be reviewed.
449.
Mr. Coughlan
asked the Minister for Social Welfare the position regarding entitlement to unemployment benefit of a person (details supplied) in County Donegal; and the rate that is applicable.
The person concerned had been employed by several employers and extensive inquiries had to be made before his contribution record was established. He was however in receipt of unemployment assistance pending the outcome of his unemployment benefit claim and when his record was clarified an adjusting payment amounting to £83.77 representing the balance of unemployment benefit due to him was made on 16 February 1984. Weekly payments of unemployment benefit of £28.90 continue to be made to him as they become due.
450.
Mr. Coughlan
asked the Minister for Social Welfare when disability benefit payments will be reinstated to a person (details supplied) in County Donegal.
The person concerned was disallowed payment of disability benefit from 7 December 1983 following examination by a medical referee who expressed the opinion that he was capable of work. He appealed against the disallowance and was examined on 15 February 1984 by a different medical referee who also considered him to be capable of work. His case has been referred to an appeals officer who proposes to hold an oral hearing of his claim. He will be notified of the time and place of the hearing as soon as the arrangements have been made.
451.
asked the Minister for Social Welfare when an unmarried mothers allowance will be paid to a person (details supplied) in County Cork and the reason for the delay.
The person concerned applied for unmarried mother's allowance on 27 January 1984. Following investigation of her claim she was awarded the allowance at the maximum rate of £47.70 per week with effect from 22 December 1983, the date her child was born.
An allowance book payable from 15 March 1984 was issued to the designated post office on 13 March and she was notified accordingly. A payable order in respect of arrears from 22 December 1983 to 14 March 1984, less deductions for supplementary welfare allowance and maternity benefit paid to her during that time, will be sent to her shortly.
452.
asked the Minister for Social Welfare when a non-contributory pension will be transferred to the name of a person (details supplied) in County Cork from that of her late husband.
The husband of the person concerned was in receipt of old age contributory pension up to his death on 4 March 1984. Payment of this pension will continue to be made to his widow up to 13 April 1984, i.e., six weeks after his death.
The pension book and the supplementary book in respect of a child dependant were made payable to the widow and returned to her on 15 March. These books contained orders payable up to 30 March and renewal books containing orders payable up to 13 April will be issued to the designated post office shortly. She automatically qualifies for a widow's contributory pension after 13 April 1984 and a book in respect of this pension will be issued to the designated post office before the due date.
453.
(Limerick West) asked the Minister for Social Welfare when unemployment benefit will be paid to a person (details supplied) in County Limerick.
Extensive inquiries had to be made to establish the periods during which the person concerned fulfilled the condition for receipt for unemployment benefit before his entitlement to unemployment benefit could be determined.
His claim was recently allowed and weekly payments at £28.90 will commence this week. He was, however, in receipt of supplementary welfare allowance pending the outcome of his unemployment benefit claim and the amount paid is due to be recouped to his local health board. When the amount which he received is known the balance of any arrears of unemployment benefit due to him will be paid.
454.
(Limerick West) asked the Minister for Social Welfare when payment of disability benefit will be restored to a person (details supplied) in County Limerick.
The person concerned claimed disability benefit from 25 January 1982 and payment was issued to 29 February 1983. Her claim was disallowed from 1 March 1984 following examination by a medical referee who expressed the opinion that she was capable of work.
The claimant has been notified of her right to appeal if she is dissatisfied with the decision to disallow payment of benefit.
455.
asked the Minister for Social Welfare when a decision on an appeal for an old age pension and a blind pension will be issued to a person (details supplied) in County Galway.
It was decided by the local pension committee that the person concerned is entitled to a blind pension at the maximum rate from 21 January 1983. The social welfare officer appealed against this decision on the grounds that the assessment of her means, consisting of half the weekly value of profit from her husband's business and capital, is in excess of the statutory limit.
The appeals officer requested further information in the case before giving his decision. This information has now been received and the matter is being referred back to the appeals officer for determination. The person concerned will be notified of the outcome.
456.
asked the Minister for Social Welfare the reason unemployment assistance at a reduced rate is being paid since August 1983 to a person (details supplied) in County Kilkenny.
The person concerned was assessed with means of £8.45 per week derived from board and lodgings on his mother's holding. He is, therefore, paid at £20.95 per week being the maximum rate, £29.40 less means £8.45. He appealed against the assessment of his means and his case was referred to an appeals officer for determination. Before deciding the case the appeals officer has requested further information and the case has been referred to a social welfare officer for additional inquiries. When these are completed his case will be referred to the appeals officer and the rate of unemployment assistance payable to him will be reviewed in the light of the decision of the appeals officer.
457.
asked the Minister for Social Welfare the reason an old age pension at the maximum rate is not being paid to a person (details supplied) in County Wexford.
The person concerned has been awarded an old age non-contributory pension at the maximum rate of £38.60 from 10 November 1983.
However, she has been issued in error with a pension book at £41.40 which included an increase of £2.80 in respect of the age allowance for pensioners over 80 years. The pensioner has been requested to return her pension book for adjustment as she will not attain the age of 80 for some time.
458.
asked the Minister for Social Welfare the reason unemployment benefit is not being paid to a person (details supplied) in County Kerry.
The person concerned claimed unemployment benefit from 14 January 1984. Her claim has been allowed at the maximum flat-rate unemployment benefit £30.60 weekly payable to a married woman from 14 January 1984.
Arrangements have been made to have all arrears paid this week and further payments will be made as they become due.
459.
asked the Minister for Social Welfare the reason unemployment benefit is not being paid to a person (details supplied) in County Kerry.
Entitlement to unemployment benefit is subject to the condition that an applicant must be capable of, available for and genuinely seeking work.
The person concerned claimed unemployment benefit from 13 January 1984 but his claim has been disallowed on the grounds that being fully occupied in looking after the farm of a relative he is not available for employment.
460.
asked the Minister for Social Welfare when a deserted wife's allowance will be granted to a person (details supplied) in County Cork.
Two of the conditions for the receipt of deserted wife's payment are that a husband must have left his wife of his own volition and that she must make and continue to make reasonable efforts within the means available to her to trace her husband and to prevail on him to contribute to her support and that of her children.
The deciding officer held that these conditions were not satisfied in this case and disallowed the claim. The claimant appealed against the decision and following the receipt of further correspondence from her the deciding officer was satisfied that she had then made reasonable efforts to trace her husband even though they had not been successful. The other reason for the disallowance of her claim still remains, however, and her case has now been submitted to an appeals officer for determination. She will be notified of the outcome as soon as the appeals officer gives his decision.
461.
asked the Minister for Social Welfare when unemployment assistance will be paid to a person (details supplied) in Dublin 5; and if he will make a statement on the matter.
The person concerned applied for unemployment assistance on 27 February 1984 and the case was referred to a social welfare officer for inquiries into his means. When these inquiries are completed his entitlement to unemployment assistance will be determined in the light of the means assessed against him.
462.
asked the Minister for Social Welfare the reason disability benefit is not being paid to a person (details supplied) in County Offaly.
The person concerned claimed disability benefit from 2 February 1983 and all payment due to 5 March 1984, date of the latest medical evidence received, has been issued.
A delay occurred in issuing payment from 4 February 1984 pending investigations regarding her insurance record for the 1982-83 year on which her entitlement to payment was based from that date. When these investigations were completed payment of all benefit due from 4 February 1984 was issued.
Payment of disability benefit will be continued on receipt of medical certificates.
463.
asked the Minister for Social Welfare when a contributory old age pension was granted to persons (details supplied) in County Offaly; and the total amount received up to 5 April 1983.
The person concerned was awarded a contributory old age pension with effect form 7 October 1977, including an allowance in respect of his wife. Details of the amount paid to him up to 5 April 1983 are as follows:
|
£ |
|
|
From 7 October 1977 to 6 April 1978 |
665.60 |
|
From 6 April 1978 to 5 April 1979 |
1,463.80 |
|
From 6 April 1979 to 5 April 1980 |
1,782.20 |
|
From 6 April 1980 to 5 April 1981 |
2,279.15 |
|
From 6 April 1981 to 5 April 1982 |
2,927.80 |
|
From 6 April 1982 to 5 April 1983 |
3,725.90 |
|
Total |
12,844.45 |
464.
asked the Minister for Social Welfare the reason pay-related unemployment benefit has not been paid to a person (details supplied) in County Laois for the past ten weeks.
Entitlement to pay-related benefit with flat-rate unemployment benefit is subject to the conditions that a person's reckonable earnings in the relevant year are not less than £1,800.00.
The reckonable earnings of the person concerned in the period 6 April 1982 to 5 April 1983 were £1,557.00 and accordingly pay-related benefit is not payable.
465.
asked the Minister for Social Welfare when pay-related unemployment benefit will be paid to a person (details supplied) in County Offaly as he is signing at Portarlington exchange since 2 January 1982.
Entitlement to pay-related benefit with flat-rate unemployment benefit is subject to the condition that the weekly sum of pay-related benefit, flat-rate unemployment benefit and income-tax rebate may not exceed 85 per cent of the net average weekly earnings of an applicant.
The 85 per cent limit applicable to the person concerned was £81.49 and as he is in receipt of unemployment benefit at a rate of £74.85 along with a weekly tax rebate of £23.08 pay-related benefit is not payable. The persons tax rebate expires on 5 April 1984 and his entitlement to pay-related benefit will be reviewed if he is still signing as unemployed after that date.
466.
asked the Minister for Social Welfare if a decision has been reached on an appeal for deserted wife's allowance made by a person (details supplied) in Dublin 7.
The appeal of the person concerned against the refusal of her claim to a deserted wife's payment was disallowed by the appeals officer and she was notified to this effect on 15 March 1984. The appeals officer held that the separation in this case was by mutual consent.
467.
asked the Minister for Social Welfare when arrears of old age pension will be paid to a person (details supplied) in County Donegal.
The person concerned claimed old age contributory pension on 5 February 1982. The claim was disallowed as the Department's records showed that contributions had been paid in respect of his employment at a reduced rate which did not provide cover for this pension. A subsequent investigation established that the contributions should have been paid at the ordinary rate and, as a result, he was awarded the pension with effect from 6 November 1981, i.e., three months prior to the date of his claim.
A contributory pension book containing orders payable from 16 December 1983 was issued to him and the arrears of this pension, less the amount of non-contributory old age pension paid to him up to that date, have been sent direct to him by payable order.
468.
asked the Minister for Social Welfare if unemployment benefit will be paid to a person (details supplied) in County Cork.
The person concerned claimed unemployment benefit on 16 January 1984 but her claim was disallowed on the grounds that she had insufficient contributions during the governing contribution period 6 April 1982 to 5 April 1983.
She is at present working on a systematic short-time basis and she continues to sign the unemployment register for the days she is unemployed.
469.
asked the Minister for Social Welfare the reason pay-related benefit is not being paid to a person (details supplied) in County Cork as he is on unemployment benefit.
Entitlement to pay-related benefit with flat-rate unemployment benefit is subject to the condition that an applicant has sufficient reckonable earnings during the income tax period governing his entitlement to benefit.
The person concerned has no reckonable earnings during the relevant income tax period 6 April 1981 to 5 April 1982 and he is accordingly not qualified for pay-related benefit with his flat-rate unemployment benefit.
470.
asked the Minister for Social Welfare the reason for the delay in paying disability benefit to a person (details supplied) in County Louth; when he will be paid; and if he will make a statement on the matter.
The person concerned was paid disability benefit to 11 January 1984. Payment ceased after that date as he had not the necessary 156 paid contributions since his entry into insurable employment on 6 July 1981 to entitle him to payment in excess of 52 weeks. According to the records of the Department he has only 89 contributions paid on his behalf since entry into insurance. The claimant indicated that he was previously employed in Northern Ireland and inquiries have been made from the Northern Ireland authorities to ascertain his insurance record there. When this is received his claim will be reviewed.
471.
Mr. Coughlan
asked the Minister for Social Welfare the position regarding payment of occupational injuries benefit to a person (details supplied) in County Donegal.
The person concerned claimed injury benefit from 12 September 1983 in respect of an incapacity which he attributed to an accident at work on 10 April 1983.
Pending the completion of investigations arising from the accident, he was considered for disability benefit on an interim basis. In the absence of any contributions recorded under his RSI Number, he failed to satisfy the qualifying contribution conditions.
Following inquiries it was determined that he had 30 employment contributions in the contribution year 1982-83 which qualified him for reduced rate disability benefit from 2 January 1984. Disability benefit has been paid to the date of the latest medical certificate received.
Inquiries made from the employer revealed that he had no report of an occupational accident. The case was referred to a social welfare officer for investigation. Inquiries having been completed his claim was rejected on the grounds that an occupational accident could not be confirmed. He was informed of the decision and of his right to appeal against it.
472.
asked the Minister for Social Welfare if unemployment benefit will be paid to a person (details supplied) in County Cork.
The person concerned claimed unemployment benefit on 2 March 1984 and his claim, which was allowed retrospectively to 18 November 1983, was authorised at £34.80 weekly, being the maximum rate appropriate in his case.
Being a postal claimant, arrangements have been made to have a payable order for all unemployment benefit due issued to him for encashment at his local post office this week.
Further weekly payments will continue as they become due.
473.
asked the Minister for Social Welfare the position with regard to an unemployment assistance application made by a person (details supplied) in County Limerick.
The entitlement of the person concerned to unemployment assistance cannot be determined until investigations about his means have been completed. He has been advised that to enable his entitlement to unemployment assistance to be determined he must co-operate with the social welfare officer and he must reveal full details of his means.
His case has been referred again to the social welfare officer to pursue inquiries and it is expected that the officer will complete his investigation shortly, after which his means will be assessed and his entitlement to unemployment assistance will be determined.
474.
asked the Minister for Social Welfare the reason for the delay in granting additional children's allowance to persons (details supplied) in County Limerick for their additional child (details supplied) on whose behalf an application was made on 16 January 1984.
The claim made by the person concerned in respect of an additional child was received in the Department on 16 January 1984. It was approved on 7 February, 1984 and an allowance book at the rate of £17.50 per month issued on 28 February 1984.
475.
asked the Minister for Social Welfare the position with regard to an unemployment assistance appeal lodged by a person (details supplied) in County Limerick.
The unemployment assistance claim of the person concerned was disallowed on the grounds that the means assessed against him, £28.80 weekly, exceeded the maximum rate of unemployment assistance payable to him. His means are derived from board and lodging on the holding of an ex-employer.
He has appealed against the disallowance and arrangements are being made to have his case determined by an appeals officer. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.
476.
asked the Minister for Social Welfare when the maximum rate of old age pension will be paid to a person (details supplied) in County Cork.
The claim of the person concerned for maximum old age pension has been partially investigated by the social welfare officer. Details of a creamery account have been requested and when these are received, the claim will be referred to the local pension committee for decision.
If an increase in pension is recommended by the social welfare officer, it will be put into payment on a provisional basis pending the committee's decision.
477.
asked the Minister for Social Welfare when an old age pension will be paid to a person (details supplied) in County Monaghan.
The old age pension claim of the person concerned has been investigated and referred to the local pension committee for decision. Payment of pension at the weekly rate of £18.45 has been recommended by the social welfare officer, with effect from 21 February 1983, increased to £22.60 from 1 July 1983. These are the rates of pension appropriate to the assessment of her means, consisting of half the weekly value of capital and the capital value of a leasehold premises.
The appropriate pension book payable from 2 March 1984 has been issued on a provisional basis pending the committee's decision and a payable order covering the arrears due in respect of the period 21 February 1983 to 24 February 1984 is being issued separately.
478.
asked the Minister for Social Welfare the reason an unemployment assistance application by a person (details supplied) in County Limerick has to date been unsuccessful.
The person concerned reapplied for unemployment assistance on 27 February 1984. His claim was referred to a social welfare officer for investigation. Inquiries are still being made in the case and when they are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.
479.
asked the Minister for Social Welfare when an increased rate of unemployment assistance will be paid to a person (details supplied) in County Galway.
An appeals officer assessed the means of the person concerned at £38.45 weekly, derived from capital and from the profit from his land. Accordingly, he is entitled to payment of unemployment assistance at £35.15 being the maximum rate payable to him, £73.60, less means £38.45, from 2 November 1983. Arrangements have been made to have all arrears due paid this week and further weekly payments will continue to be made as they become due.
480.
asked the Minister for Social Welfare if he is aware that several violent assaults have taken place at the employment exchange, Cecil Street, Limerick due to overcrowding when people arrived to collect unemployment benefit or assistance; and if he will alleviate this problem by arranging for people to collect their cheque at the same hatch and at the same time as they sign on.
481.
asked the Minister for Social Welfare if he is aware that several violent assaults have occurred in the employment exchange, Cecil Street, Limerick in the past few months; if he is aware that these arose due to overcrowding arising from the fact that the exchange is physically unable to accommodate all the people in receipt of unemployment benefit or unemployment assistance; if he will alleviate this situation by arranging for the floor area to be increased or by taking any other steps that he deems necessary.
It is proposed to take Questions Nos. 480 and 481 together.
There have been no reports to the Department of any violent assaults taking place at the employment exchange, Limerick, in recent times. Plans are being drawn up for the construction of a new employment exchange in Limerick. This will relieve the accommodation problems which have arisen due to the increase in the live register in recent years. Pending the construction of a new exchange it is hoped that temporary premises will be made available to which certain sections of the existing exchange could be transferred.
In the meantime all possible measures are being taken to relieve congestion at the exchange. The signing and paying arrangements at all exchanges are kept under review to ensure that claims are dealt with as quickly and efficiently as possible. Experience has, however, shown that the present arrangements whereby claimants sign on at one hatch and are paid at another is the most suitable arrangement in an office such as Limerick. To have signing and pay functions performed at one hatch would be less efficient and would undoubtedly worsen rather than alleviate congestion.
482.
asked the Minister for Social Welfare if the maximum rate of children's allowance is now being paid to a person (details supplied) in County Kilkenny who made an additional claim.
An allowance book at the rate of £17.50 per month payable from February 1984 was issued to the claimant in respect of the child in question. A payable order for £122.50 in respect of arrears due for the period July 1983 to January 1984 has also been issued to her.
The claimant is now in receipt of allowance at the rate of £108.75 which is the correct rate payable for her eight qualified children.
483.
asked the Minister for Social Welfare if he will expedite payment of unemployment benefit to a person (details supplied) in County Roscommon and if he will arrange for payment of arrears.
The person concerned claimed unemployment benefit from 12 July 1982 to 11 August 1982 and from 23 December 1983 to 14 January 1984. His claim for unemployment benefit was disallowed from 3 August 1982 to 6 August 1982 and from 10 August 1982 to 11 August 1982 on the grounds that he was not unemployed. He did not appeal against this decision even though he was advised of his right to do so. On 15 February 1984 he was convicted in court of an offence in relation to the disallowance of his unemployment benefit and accordingly he is disqualified from receipt of unemployment benefit for six months on and from the date of conviction.
He made an application for unemployment assistance on 5 March 1984 and his claim was referred to a social welfare officer for investigation. Inquiries are still being made in this case and when they are completed his means will be assessed and his entitlement to unemployment assistance will be determined accordingly.
484.
asked the Minister for Social Welfare when a decision on an appeal against the medical referee's decision on a disability benefit claim made by a person (details supplied) in County Monaghan will be made known to him.
The person concerned was disallowed payment of disability benefit from 22 June 1983 following examination by a medical referee who expressed the opinion that he was capable of work.
He appealed against the disallowance and was examined on 5 October 1983 by a different medical referee who also considered him to be capable of work.
His case was referred to an appeals officer who decided that the claimant was not incapable of work during the period from 22 June 1983 to 20 February 1984 — the date of the latest medical certificate before him at that time — and was not entitled to be paid disability benefit for that period.
The claimant was notified accordingly on 8 March 1984.
485.
asked the Minister for Social Welfare when a person (details supplied) in County Monaghan applied for disability benefit; and when a decision will be made on his claim.
The person concerned claimed disability benefit from 22 April 1983. He was not qualified for benefit initially as he had less than the required minimum of 26 contributions paid or credited in 1981-82 the contribution year governing his claim.
Following inquiries concerning his insurance record since 1981 it has now been established that he has a title to benefit. However, a person claiming or receiving disability benefit must observe certain rules of behaviour. He must not do any work unless it is work which is permitted under the Department's regulations. The claimant has admitted being in gainful employment while submitting medical certificates. Inquiries are being made concerning this matter and when these are completed his claim for benefit will be reviewed.
486.
asked the Minister for Social Welfare when disability benefit payments and pay related benefit payments will be made to a person (details supplied) in County Wexford.
The person concerned claimed disability benefit from 13 February 1984 and has been paid at the maximum rate for a married couple with two dependent children to 12 March 1984, the date of the latest medical certificate received. In addition pay-related benefit is in payment from 3 March 1984, the nineteenth day of incapacity.
Payment was made at a reduced rate at the commencement of his claim as he failed to complete the claim form fully in respect of his wife and children. All benefit was issued on receipt of medical certification in the Department. There are no arrears due in this case.
487.
asked the Minister for Social Welfare if unemployment assistance payments will be made to a person (details supplied) in County Wexford.
The unemployment assistance claim of the person concerned was disallowed on the grounds that by failing to furnish full details of his means he failed to show that his means did not exceed the statutory limit.
He has appealed against this decision and his case will be submitted to an appeals officer for consideration. His entitlement to unemployment assistance will be reviewed in the light of the appeals officer's decision.