Michael Creed (Cork North West, Fine Gael)
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220. To ask the Minister for Employment Affairs and Social Protection the current situation regarding an invalidity pension appeal by a person (details supplied). [48763/22]

Heather 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.

An application for invalidity pension by the person concerned was disallowed by a Deciding Officer of the Department on 9 May 2022. I am informed by the Social Welfare Appeals Office that no appeal from the person concerned was received in that office until 8 September 2022.

In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. I am advised by the Social Welfare Appeals Office that, following consideration of the reasons put forward by the person concerned for submitting their appeal outside of the time limit, an appeal has been registered in this case and correspondence confirming this has issued.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.