Joe Carey (Clare, Fine Gael)
Link to this: Individually | In context

Question 545: To ask the Minister for Social and Family Affairs if she will overturn the appeal decision in the case of a person (details supplied) in County Clare; and if she will make a statement on the matter. [15643/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
Link to this: Individually | In context

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

I am advised by that Office that the Appeals Officer, having considered all the available evidence, including that adduced at an oral hearing, disallowed the appeal of the person concerned on the grounds that she did not rebut the findings of the Department's Medical Assessors that she was not incapable of work.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive but may be reviewed by the Appeals Officer in the light of new evidence or new facts. I am advised that further medical evidence was submitted by the person concerned and was forwarded to the Chief Medical Advisor for consideration on 4 March 2009. The Chief Medical Advisor confirmed that the information submitted would not have affected the findings of the previous medical assessments and, as a result, the Appeals Officer did not consider that a revised decision was warranted.

By way of further review, the Social Welfare Consolidation Act, 2005 provides that the Chief Appeals Officer may 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 Act 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.