Written answers

Tuesday, 13 November 2012

Department of Social Protection

Social Welfare Appeals

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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To ask the Minister for Social Protection when benefit will be approved in respect of a person (details supplied); if she will expedite the matter. [49875/12]

Photo of Joan BurtonJoan Burton (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 available evidence, including that adduced at oral hearing on 25 October 2012, allowed the appeal of the person concerned. The person concerned has been notified of the Appeals Officer decision. 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.

Photo of Clare DalyClare Daly (Dublin North, Socialist Party)
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To ask the Minister for Social Protection the number of reviews that have been carried out by the Chief Appeals Officer each year since 2005. [49923/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Section 318 of the Social Welfare Act provides that the Chief Appeals Officer may, following review, revise any decision of an appeals officer where it appears to her that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts. Where a section 318 review is sought, the case will be examined the Chief Appeals Officer. In many cases, particularly where it appears there is additional evidence, the Chief Appeals Officer may remit the case to the appeals officer in question for his views and any appropriate action. In some cases, the decision may be revised by the appeals officer. In other cases, the Chief Appeals Officer may take the view that there are grounds to set up an oral hearing. There are no statistics in relation to these cases. In relation to cases reviewed by the Chief Appeals Officer in which she issued a determination, a total of 48 determinations have been made since 2010 comprising 13 in 2010, 20 in 2011 and 15 to date in 2012. Statistics in relation to such reviews are not held for the years prior to 2010.

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