Bernard Durkan (Kildare North, Fine Gael)
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Question 433: To ask the Minister for Social and Family Affairs if an appeal application will be reviewed in relation to an application for social welfare payment in the case of persons (details supplied) in County Kildare; and if she will make a statement on the matter. [41314/08]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Further to my replies to previous PQs in relation to the persons concerned, I am advised by the Social Welfare Appeals Office that the Appeals Officer, having considered all the available evidence, disallowed the appeals on the grounds that they are not habitually resident in the state for social welfare purposes.

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. If there is any new evidence or new facts pertinent to these cases that were not brought to the attention of the Appeals Officer during the determination of their appeals, they may be submitted to the Social Welfare Appeals Office for further consideration.

Additionally, the Chief Appeals Officer has power under the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to him that the Appeals Officer's decision was erroneous by reason of some mistake having been made in relation to the law or the facts. In making a request for such a review an appellant must set down the reasons why he or she believes a mistake was made having regard to the application of the law or the facts.

The Social Welfare Consolidation Act 2005 also provides that any person who is dissatisfied with either the decision of the Appeals Officer or the outcome of the review carried out by the Chief Appeals Officer may appeal that decision and/or outcome, as the case may be, to the High Court on any question of law. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.