Written answers

Tuesday, 13 June 2023

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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807. To ask the Minister for Employment Affairs and Social Protection if she will clarify the situation regarding the possibility of further consideration of a case (details supplied) for partial capacity benefit which was appealed to the Social Welfare Appeals Office recently; and if she will make a statement on the matter. [27491/23]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence at that time, decided to disallow the appeal of the person concerned by way of summary decision on 29 March 2023.

Under social welfare legislation a decision of the Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in light of new evidence or new facts. I am advised that, on foot of the Deputy's question, the person concerned has been contacted by the Appeals Office and given the opportunity to provide any additional evidence pertaining to their case. On receipt of this information the Appeals Office will recall the relevant papers from the Department and the appeal will be referred to an Appeals Officer for review.

I trust this clarifies the matter for the Deputy.

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