Sandra McLellan (Cork East, Sinn Fein)
Link to this: Individually | In context

Question 141: To ask the Minister for Social Protection if she will expedite an appeal for domiciliary allowance in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [3151/12]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 2nd August 2011 and the appeal was assigned to an Appeals Officer on 4th January 2012 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

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.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context

Question 142: To ask the Minister for Social Protection when an appeal will be determined in respect of a person (details supplied) in County Cavan; and if she will make a statement on the matter. [3153/12]

Joan Burton (Dublin West, Labour)
Link to this: Individually | In context

An application for invalidity pension, by the person concerned, was disallowed by a Deciding Officer of the Department on 6th September 2011. I am informed by the Social Welfare Appeals Office that there is no trace of appeal against this decision by the person concerned.

In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. This limit is not rigidly enforced but in view of the length of time which has elapsed since the person concerned was notified of the decision and in the absence of any explanation for the failure to make the appeal within the prescribed time, it is considered that the acceptance of an appeal would not be warranted at this late stage.

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.