Written answers

Thursday, 31 March 2011

Department of Social Protection

Social Welfare Appeals

6:00 pm

Photo of Dan NevilleDan Neville (Limerick, Fine Gael)
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Question 45: To ask the Minister for Social Protection if an oral hearing on a farm assist appeal will be granted as soon as possible to a person (details supplied) in County Limerick. [6213/11]

Photo of Joan BurtonJoan Burton (Minister, Department of Social Protection; Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The person concerned has been notified of the decision. 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 this case that was not brought to the attention of the Appeals Officer during the determination of this appeal, they may be submitted to the Social Welfare Appeals Office for further consideration.

The legislation also provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in this case as it was considered that an oral hearing was not warranted. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

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