Mick Barry (Cork North Central, Anti-Austerity Alliance)
Link to this: Individually | In context | Oireachtas source

446. To ask the Minister for Social Protection if his Department will be defending findings with the assistance of legal professionals with regard to a case (details supplied). [27307/16]

Leo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The role of Scope section in the Department of Social Protection is to make statutory decisions on insurability of employment under the Social Welfare Act. Employers, employees and the self-employed may apply to Scope for an investigation of an employment status and a determination of the correct class of PRSI. Scope decisions are based on all available evidence, including a report from a social welfare inspector where appropriate, and the case law from previous court judgements.

Scope decisions may be appealed to the Social Welfare Appeals Office by the employer, employee or self-employee. The Social Welfare Appeals Office operates independently of the Department. It aims to provide an independent, accessible and fair appeals service in a prompt and courteous manner.

In an appeal hearing, the Scope section outlines the decision made by its deciding officers and the basis for the decision. While it is not the practice of Scope section to be represented by legal counsel at Appeal hearings, legal advice is available to Scope section decision makers from the Department’s own legal advisory service. Other parties to the appeal may engage legal counsel at their own expense.

I hope this clarifies the matter for the Deputy.