Written answers

Tuesday, 21 April 2015

Department of Social Protection

Invalidity Pension Appeals

Photo of Michael LowryMichael Lowry (Tipperary North, Independent)
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288. To ask the Minister for Social Protection the reason a decision has not issued in the past six years on an appeal against an unsuccessful application for an invalidity pension in respect of a person (details supplied) in County Tipperary who received occupational injury benefit and illness benefit and who is in receipt of invalidity pension from her Department for a number of years; the reason for the delay in processing same; and if she will make a statement on the matter. [15821/15]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I am advised by the Social Welfare Appeals Office that the disablement benefit appeal of the person concerned was registered on 1stSeptember 2010. An oral hearing was scheduled for 25thJuly 2011 but this was postponed at the request of the appellant’s employer as a case on the matter was open in the High Court. In the circumstances, the Appeals Officer agreed to the postponement pending the conclusion of the High Court proceedings and notified the two parties involved (the appellant and his employer) in writing.

I am advised that, in the intervening period, the Appeals Officer has written to the appellant on at least six occasions and to the appellant’s employer on at least eight occasions seeking to ascertain the status of the High Court proceedings. A further letter will shortly issue to both parties.

I am advised that, as soon as the Appeals Officer receives confirmation from the parties that the High Court proceedings have concluded an oral hearing of the appeal will be arranged as a matter of priority.

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 Michael CreedMichael Creed (Cork North West, Fine Gael)
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289. To ask the Minister for Social Protection if an application for invalidity pension refused by her Department will now be appealed in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [15826/15]

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 22th December 2014. I am informed by the Social Welfare Appeals Office that there is no trace of any appeal against this decision having been received from the person concerned.

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 in view of the length of time which has elapsed since the person concerned was notified of the decision and in the absence of any explanation for the failure to submit an appeal within the prescribed timeframe, I am advised by the Social Welfare Appeals Office that it is unlikely that an appeal would be accepted at this late stage.

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.

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