Written answers

Tuesday, 10 June 2014

Department of Social Protection

Social Welfare Appeals Status

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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341. To ask the Minister for Social Protection if appeals for social welfare payment under the occupational disablement benefit scheme and the invalidity pension scheme in respect of a person (details supplied) in County Kilkenny will be expedited; if an outcome to either one of the applications will be approved as the applicant cannot work as instructed by their general practitioner and has no income. [24730/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an Occupational Injury Benefit appeal by the person concerned was registered in that office on 10thApril 2014. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 28thMay 2014 and the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if required, hold an oral hearing. The appeals office has advised that they have no record of any Invalidity Pension appeal from the person concerned. 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 in relation to social welfare entitlements.

Photo of Pat BreenPat Breen (Clare, Fine Gael)
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342. To ask the Minister for Social Protection further to Parliamentary Question No. 96 of 4 June 2014, when a decision will issue to a person (details supplied) in County Clare; and if she will make a statement on the matter. [24738/14]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I am informed by the Department of Social Protection that the person concerned was notified by letter dated 19thMarch 2014 that she was deemed to be not incapable of work and was therefore not entitled to illness benefit with effect from 25thMarch 2014. The Social Welfare Appeals Office has confirmed that an appeal from the person concerned was registered on 16thApril 2014, and that she submitted further medical evidence in support of her appeal on 13th May 2014. The person concerned was called for a further medical assessment on 20th May 2014 and the result of this assessment was that she was still deemed to be not eligible for illness benefit. The Social Welfare Appeals Office was notified by the Department on 22ndMay 2014 of the outcome of the further medical assessment and, in accordance with the statutory requirements, the appeals office then wrote to the person concerned on 26th May 2014 asking her to set out the complete grounds of her appeal. The appeals office has no record of any response having been received to date to that request. As soon as the person concerned provides clarification as to the grounds of her appeal as requested on 26th May 2014 the Department will be asked to provide a submission on the grounds of the appeal and the relevant departmental papers. When these have been received, the appeal will be referred to an Appeals Officer for consideration.

The Deputy made reference in his question to an oral appeal hearing attended by the person concerned two weeks ago. I would like to clarify that this was not an oral appeal hearing, but was a further medical assessment carried out by the Department, as outlined. The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

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