Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

426. To ask the Minister for Employment Affairs and Social Protection if an oral hearing will be facilitated in the case of a person (details supplied; and if she will make a statement on the matter. [48109/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

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.

In this particular case, the decision was made on 26 May 2022 by a Deciding Officer that Carers Allowance was disallowed on the grounds that the appellant had been assessed with means of €303.82 per week and that this exceeded the statutory means limit for receipt of Carer’s Allowance. The means assessment in this case was based on the appellant's spouse’s earnings from employment.

In considering the appellant's appeal the Appeals Officer examined the means assessment and was satisfied that, based on the information available, the appellant’s means had been calculated correctly and, therefore, her appeal was disallowed. She was advised of the appeal decision on 7 September 2022.

The Appeals Officer acknowledged the difficult circumstances that the appellant had outlined, but also the position that all conditions of the scheme must be satisfied before payment can be made and the Appeals Officer had no discretion to depart from the governing legislation.

Section 317 of the Social Welfare Consolidation Act 2005 provides that an Appeals Officer may review and, if warranted, revise an appeal decision on the basis of new facts or evidence being provided which were not before the Appeals Officer when they made their decision. If the appellant has some new material evidence regarding her means to form the basis of a Section 317 review she may provide it for consideration by an Appeals Officer. In carrying out any such review the Appeals Officer will determine if the matter can be dealt with on a summary basis or if it will be necessary to hold an oral hearing

I trust this clarifies the matter for the Deputy.