Written answers

Thursday, 30 March 2017

Department of Social Protection

Social Welfare Appeals

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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187. To ask the Minister for Social Protection the reason there is no independent appeals mechanism available, such as the social welfare appeals officer, when a decision is being reviewed by his Department rather than through the independent appeals process, in the situation where a person is being reviewed in terms of their entitlement to illness benefit credit contributions and his Department decides that they are not so entitled to credit contributions on the grounds that the person is not incapable of work; if this is the situation which prevails in respect of the determination of eligibility for this particular contribution; and if he will make a statement on the matter. [15981/17]

Photo of Finian McGrathFinian McGrath (Dublin Bay North, Independent)
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The Social Welfare Acts provide that certain decisions under the Acts must be taken by Deciding Officers or Designated Persons nominated by the Minister for that purpose. These decisions may be appealed to the Social Welfare Appeals Office.

Other decisions (mainly administrative decisions) do not require a formal decision by a Deciding Officer or Designated Person. The award of credits falls into this category.

Accordingly, there is no legal basis for appealing these cases to the Social Welfare Appeals Office.

However, there are other avenues which can be pursued in such cases, such as a request for a review by another official, or a request to the Ombudsman to examine the case.

I trust that this explains the matter for the Deputy.

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