Noel Coonan (Tipperary North, Fine Gael)
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Question 131: To ask the Minister for Social Protection the position regarding a non-contributory State pension appeal in respect of a person (details supplied) in County Tipperary; the reason the appeal was refused; if the person may now seek a review of the decision; and if she will make a statement on the matter. [14693/11]

Joan Burton (Dublin West, Labour)
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The claim for State pension (non-contributory), by the person concerned, was disallowed by a Deciding Officer of the Department on the grounds that her means exceeded the statutory limit for entitlement to state pension. I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal by way of summary decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department in determining appeals against decisions on social welfare entitlements. 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.

Additionally, the Chief Appeals Officer has power under the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to her 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.