Written answers

Tuesday, 6 July 2010

Department of Social and Family Affairs

Social Welfare Appeals

10:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 442: To ask the Minister for Social Protection if he will establish an independent appeal mechanism to which young persons who have had their social welfare cut on the basis that they do not accept a reasonable offer of education or training can lodge an appeal against a decision by FÁS or officers of his Department; and if he will make a statement on the matter. [29461/10]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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Appeals from young persons who have had their social welfare cut for any reason by a Deciding Officer of the Department, including on the basis that they do not accept a reasonable offer of education or training, may appeal such a decision to the Social Welfare Office which provides an independent appeals service for persons who are dissatisfied with such decisions.

Appeals Officers, including the Chief Appeals Officer and the Deputy Chief Appeals Officer, are statutorily appointed by the Minister for Social Protection and are required to exercise their functions in an independent and quasi-judicial manner.

The legislation provides that, in general, the decision of an Appeals Officer is final and conclusive and can only be overturned in the light of new facts or evidence or by the High Court if a mistake has been made in relation to the law or the facts.

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