Written answers

Tuesday, 22 January 2013

Department of Social Protection

Disability Allowance Appeals

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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398. To ask the Minister for Social Protection the number of appeals for backdating of entitlement to disability allowance; the number of such that were late appeals; the number of requests for late appeals granted; the basis on which the decision is made to grant and/or refuse appeals in such instances; and if she will make a statement on the matter. [3026/13]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that date of award of payment was an issue under appeal in 72 disability allowance appeals decided by Appeals Officers during 2012, of which 33 were allowed, 8 partially allowed and 33 disallowed. Appeals Officers consider all evidence before them in coming to their decision and each appellant's appeal is decided on its own merits.

Statistics are not maintained in respect of the processing of late appeals and therefore the Social Welfare Appeals Office is not in a position to supply the information sought by the Deputy in relation to this matter.

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 the length of time which has elapsed since the appellant was notified of the decision, and the absence of an acceptable explanation for the failure to make the appeal within the prescribed time are taken into consideration when deciding not to admit a late appeal.

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