Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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167. To ask the Minister for Employment Affairs and Social Protection if a full review of the case of a person (details supplied) can be undertaken with a view to reimbursing a carer’s allowance that was due from 2018 to February 2020, but was not adequately paid; and if she will make a statement on the matter. [33608/21]

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 of the available evidence, decided to disallow the carer's allowance appeal of the person concerned by way of a summary decision on 30 June 2020. The question under appeal was whether the person concerned was providing full-time care and attention to the caree, as required under the provisions of the carer's allowance scheme. Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts.

A Section 317 review was subsequently carried out by the Appeals Officer on 25 August 2020 and the outcome was that the decision was not revised.

I am advised that the person concerned has submitted additional evidence and that the Appeals Officer is currently considering the matter, again under Section 317 of the Act. The person concerned will be advised of the outcome of the review in the near future.

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.