John McGuinness (Carlow-Kilkenny, Fianna Fail)
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308. To ask the Minister for Social Protection if an oral hearing will be arranged in the case of a person (details supplied) in County Kilkenny. [4938/14]

Joan 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 of the available evidence, disallowed the appeal of the person concerned by way of a summary decision. 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.

I understand that the person concerned submitted additional evidence and that the Department have been requested to return the file to the Social Welfare Appeals Office. On receipt of the file, the Appeals Officer will review the case on a summary basis taking into account the documentary evidence presented or, if required, hold an oral hearing. The Appeals Officer will be advised of your request for an oral hearing. The person concerned will be contacted when the review of his appeal has been finalised.

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.