Written answers

Tuesday, 20 November 2012

Department of Social Protection

Invalidity Pension Appeals

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Social Protection further to Parliamentary Question No. 301 of 15 May 2012, if she will accept a late appeal for an invalidity pension in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [51436/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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An application for invalidity pension, by the person concerned, was disallowed by a Deciding Officer of the Department on 8th October 2011.

I am advised by the Social Welfare Appeals Office that a letter of appeal dated 21st May 2012, from the person concerned, together with representations from the Deputy were received by that office on 17th October 2012 and a reply issued to the Deputy on 12th November 2012, refusing his request for late appeal.

In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of the date on which a formal decision is issued. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer, but in view of the length of time which has elapsed since the notification of the Deciding Officers decision in this case 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 is not warranted at this late stage. It is, however, open to the person to make a fresh application for invalidity pension.

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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