John McGuinness (Carlow-Kilkenny, Fianna Fail)
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101. To ask the Minister for Employment Affairs and Social Protection if she will request a full review of an application for invalidity pension which is at appeal stage in the name of a person (details supplied); and if an oral hearing will be arranged in order that they and their family can present their case. [20990/21]

Heather 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 the evidence, disallowed the appeal of the person concerned by way of summary decision on 14 January 2021. 

Under social welfare legislation the decision of the Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts.  I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the appeal decision on foot of this additional evidence.  After due consideration the Appeals Officer did not find any new facts or evidence which warranted a revision of his earlier decision.  The person concerned was notified of this outcome on 2 March 2021.  

If there are new facts or evidence in relation to the application for invalidity pension that was not available at the time the decision on the appeal was made or at the time the decision was reviewed it may be referred to the Social Welfare Appeals Office to undertake a further review.  An element of any such consideration will be whether it is necessary to hold an oral hearing on the matter. 

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 on social welfare entitlements. 

I trust this clarifies the matter for the Deputy.