Written answers

Tuesday, 8 September 2020

Department of Employment Affairs and Social Protection

Invalidity Pension

Photo of Mark WardMark Ward (Dublin Mid West, Sinn Fein)
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687. To ask the Minister for Employment Affairs and Social Protection if there is a further appeals process for a person (details supplied) to be awarded an invalidity pension; and if extenuating circumstances are taken into account when making such decisions. [21620/20]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision.

I am also advised by the Social Welfare Appeals Office that an Appeals Officer has power under Section 317 of the Social Welfare Consolidation Act 2005 to revise any decision in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals Office for consideration.

The Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts. A request for such a review by the Chief Appeals Officer may be made by writing to her at the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

I trust this clarifies the matter for the Deputy.

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