Michael Moynihan (Cork North West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

318. To ask the Minister for Social Protection the frequency with which a person on farm assist may have their claim reassessed; if there is a defined period of time after a claim is awarded before it can be reassessed; and if he will make a statement on the matter. [5835/17]

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

Decisions on farm assist are made by statutorily appointed deciding officers. The rules of natural justice and fair procedures are applied by deciding officers when making decisions that could have an adverse effect on the person concerned. When a person makes a claim for farm assist or where their claim is reviewed they are notified in writing of the decision and of their right to seek a review and/or to appeal the decision to the independent Social Welfare Appeals Office. The right to request a review of any decision made by a deciding officer is in addition to their right to appeal a decision.

If a person considers the decision is incorrect, it is open to them to send any documentary evidence that they think is relevant to their case to their local Intreo office and the decision will be reviewed by the Deciding Officer. The Deciding Officer will then consider any new evidence or new facts that have come to light, whether there was a mistake made in relation to the law or the facts, or any relevant change in the claimant’s circumstances that warrants a more favourable decision. Where a deciding officer revises a previous decision, notification of the revised decision is sent to the claimant.

Reviews are also initiated by my department that are not a result of information provided by the customer. These are reviews on claims that are in payment to examine and ensure continued compliance with all conditions for receipt of payment and that the customer is in receipt of the correct rate of payment. Any decision resulting from a departmental review can also be reviewed at the request of the claimant and/or appealed.

There is no defined period of time after a decision is made on a claim before it can be reviewed. A person can request a review of their farm assist claim at any time by contacting their local Intreo centre.