Bernard Durkan (Kildare North, Fine Gael)
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700. To ask the Minister for Employment Affairs and Social Protection if her Department will accept a request for an appeal and an oral hearing in respect of the decision made in the case of a person (details supplied); if the extent of this condition now entitles them to a invalidity pension; and if she will make a statement on the matter. [42363/21]

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 appeal of the person concerned by way of a summary decision on 26 January 2021.

A decision of an Appeals Officer is generally final apart from in some limited circumstances. Social Welfare legislation allows an Appeals Officer to revise his or her decision where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been brought to his or her notice.

I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer reviewed the appeal on foot of this additional evidence. The Appeals Officer did not find any new facts or evidence which warranted a revision of her earlier decision. The person concerned was notified of the Appeals Officer’s decision on 19 August 2021.

I am advised that the Appeals Officer re-examined the file of the person concerned and all papers in the case including the additional correspondence received. The Appeals Officer was satisfied that the additional information indicated that the condition of the person concerned had deteriorated since the application for Invalidity Pension. However, the only decision before the Appeals Officer is that regarding the date of claim of 8 October 2020, the circumstances of the person at that time and the Department’s decision of 14 November 2020 regarding that application.

The Appeals Officer regretted that the most recent correspondence did not provide new facts or evidence which would render her original decision erroneous and therefore a revision of her decision was not warranted.

The Appeals Officer added that it was open to the person concerned to submit a new claim directly to Invalidity Pension section of the Department of Social Protection at any time.

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.

Brendan Griffin (Kerry, Fine Gael)
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701. To ask the Minister for Employment Affairs and Social Protection if a decision has been made on a disability allowance appeal by a person (details supplied) in County Kerry; and if she will make a statement on the matter. [42416/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The person concerned submitted an application for disability allowance (DA) on 13 July 2021. Their application, based upon all the evidence submitted, was refused on medical grounds as it was not found that the person concerned was substantially restricted in taking up employment.

The person concerned was notified in writing of this decision on 5 August 2021 and was also notified of their right to request a review of this decision or to appeal it to the independent Social Welfare Appeals Office (SWAO).

The person in question has lodged an appeal with the independent Social Welfare Appeals Office (SWAO). All the relevant papers requested by that Office are being prepared and will be submitted by the Department shortly. The SWAO will be in touch with the person in due course in relation to the progress of the appeal.

I trust this clarifies the matter for the Deputy.