Written answers
Wednesday, 14 October 2020
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Seán Sherlock (Cork East, Labour)
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225. To ask the Minister for Employment Affairs and Social Protection the reason for the delay in a decision on an appeal by a person (details supplied); and if she will make a statement on the matter. [30500/20]
Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 March 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 7 April 2020.
Having considered the evidence in this appeal the Appeals Officer was of the opinion that the case could not be best determined on a summary basis and, in those circumstances, it would be necessary to convene an oral hearing. However, due to the restrictions arising as a result of Covid-19, it has not been possible to hold an in-person appeal hearing in this case.
Appeals are currently being determined on the basis of written submissions. In some cases it has also been possible for Appeals Officers to progress appeals by way of telephone calls and email on issues relating to an appeal (which might otherwise have been ascertained in the course of an oral hearing) and bring the matter to a conclusion. The person concerned may wish to submit any additional information in support of their appeal for the Appeals Officer's immediate consideration.
The Chief Appeals Officer has advised me that 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.
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.
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