Seán Fleming (Laois-Offaly, Fianna Fail)
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484. To ask the Minister for Employment Affairs and Social Protection if an application for the State pension (non-contributory) for a person (details supplied) will be re-examined; if the payment will be approved; and if she will make a statement on the matter. [26425/22]

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 available evidence, disallowed the appeal of the person concerned on 18 October 2021. Since then the Appeals Officer has carried out three reviews of the decision under Section 317 of the Social Welfare Consolidation Act 2005 on the basis of the provision of new facts or evidence. The outcomes of these three reviews on 3 December 2021, 6 January 2022 and 16 March 2022 were that the decision was unrevised.

In correspondence issued to the person concerned on 16 March 2022 they were advised that if they were still unhappy with the decision that the Chief Appeals Officer may review a decision of an Appeal Officer under Section 318 of the Act on the basis of it being stated that the Appeals Officer erred in fact or law.

I am further advised that the Chief Appeals Officer received a request for a Section 318 review on 17 May 2022 from the person concerned. The necessary appeal papers have been requested from the Department of Social Protection and will be brought to the attention of the Chief Appeals Officer on their return.

A further letter setting out the outcome of the Section 318 review will issue to the person concerned in due course.

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.