Written answers

Wednesday, 14 September 2022

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Paul McAuliffePaul McAuliffe (Dublin North West, Fianna Fail)
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361. To ask the Minister for Employment Affairs and Social Protection if a review of the domiciliary care allowance appeal by a person (details supplied) will be carried out. [44365/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 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 22 February 2021.

Under social welfare legislation the decision of an Appeals Officer is generally 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 submitted correspondence in May 2021 in which she requested that she be given an opportunity to make the case for her appeal at an oral hearing.

On 26 August 2021 an oral hearing via telephone was held for the purpose of a review of the appeal decision. The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of his earlier decision. The person concerned was notified of the Appeals Officer’s decision on 6 September 2021.

Following this review outcome, the person concerned submitted further additional evidence and the Appeals Officer agreed to undertake another review. The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of the original decision and the person concerned was notified of this outcome on 22 November 2021.

Subsequently, the person concerned submitted more evidence and the Appeals Officer again agreed to undertake another review. The Appeals Officer again did not find any new facts or fresh evidence which warranted a revision of the original decision and the person concerned was notified of this outcome on 30 August 2022.

I am advised that the person concerned has again submitted additional evidence and that the Department has been requested to return the file to the Social Welfare Appeals Office. On receipt of this file, the Appeals Officer will again review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.

I trust this clarifies the matter for the Deputy.

Photo of Claire KerraneClaire Kerrane (Roscommon-Galway, Sinn Fein)
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362. To ask the Minister for Employment Affairs and Social Protection if her attention has been drawn to a specific issue with regard to the social welfare appeals office (details supplied); and if she will make a statement on the matter. [44368/22]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 and insurability of employment.

In the details supplied with this question the Deputy states that the Standards in Public Office Commission (SIPO) advised that the Chief Appeals Officer of the Social Welfare Appeals Office gave 'erroneous information' to the Oireachtas Committee investigating "bogus self- employment". This 'erroneous information' is said to be the denial of the use of "test cases" by the Social Welfare Appeals Office.

I am advised by my officials that neither the Chief Appeals Officer nor the Department have ever been contacted by SIPO in relation to any such complaint and nor have they been advised of any such ruling.

I trust this clarifies the matter for the Deputy.

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