Michael Healy-Rae (Kerry, Independent)
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555. 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. [23126/22]

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 28 January 2022.

Under social welfare legislation the decision of an 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 medical evidence to the Department.

I can confirm that the legislative position under Section 317 of the Social Welfare Consolidation Act 2005 is that where an Appeals Officer has disallowed an appeal and new facts or evidence are provided this decision can only be reviewed and potentially revised by an Appeals Officer.

The Appeals Officer has agreed to review the appeal of the person concerned on foot of this additional evidence and a decision will issue in the very 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.