Written answers
Tuesday, 15 September 2020
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source
505. To ask the Minister for Employment Affairs and Social Protection the status of an appeal by a person (details supplied); and if she will make a statement on the matter. [23602/20]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 10 August 2020. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 21 August 2020. The case was referred to an Appeals Officer on 9 September 2020, who will make a summary decision on the appeal based on the documentary evidence presented or, if required and if Covid-19 restrictions allow, hold an oral hearing.
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.
I trust this clarifies the matter for the Deputy.
Thomas Pringle (Donegal, Independent)
Link to this: Individually | In context | Oireachtas source
507. To ask the Minister for Employment Affairs and Social Protection the reason a social welfare appeal by a person (details supplied) is taking so long to be decided; and if she will make a statement on the matter. [23607/20]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that Office on 02 January 2020. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department. These papers were received in the Social Welfare Appeals Office on 20 January 2020. The case was referred to an Appeals Officer on 24 January 2020.
Having considered the evidence in this appeal, the Appeals Officer was of the opinion that the case could not be properly determined on a summary basis and in those circumstances decided to convene an oral hearing.
The appellant has made contact with the Social Welfare Appeals Office on a number of occasions and has been advised that it is the intention of the Appeals Officer to hold such a hearing. However due to the restrictions arising as a result of COVID 19 in person appeal hearings were suspended since mid March 2020 and it had not been possible to schedule an oral hearing in this case prior to that suspension.
The Chief Appeals Officer has advised me that in person oral hearings have resumed since late July for essential cases and the use of video technology for remote hearings is also being examined. The use of video technology will need to ensure the maintenance of fair procedures, confidentiality, compliance with data protection and other legal requirements.
It is the intention of the Appeals Officer to hold an oral hearing in this case as soon as is practicable and the appellant will be given advance notification of the hearing.
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.
I trust this clarifies the matter for the Deputy.
No comments