Written answers

Tuesday, 8 November 2022

Department of Employment Affairs and Social Protection

Social Welfare Payments

Photo of Robert TroyRobert Troy (Longford-Westmeath, Fianna Fail)
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639. To ask the Minister for Employment Affairs and Social Protection if a carer’s allowance appeal for a person (details supplied) can be allowed without further delay. [54339/22]

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.

The Social Welfare Appeals Office has advised me that an appeal relating to the person concerned was received in that office on 25 July 2022. The appeal application was made by the daughter of the person concerned. The appeal papers were returned by the Social Welfare Appeals Office on 12 August 2022 with a request for an Authority to Act Form signed by the person concerned, giving permission for their daughter to act on their behalf. The Appeals Office did not receive a reply to this request and a further request for this necessary authority form has now issued.

While it is generally the policy that an appeal will not be registered in the absence of an authority to act form the Social Welfare Appeals Office decided, in light of the circumstances of the case, to register the appeal on 28 October 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. The Department has been requested to provide the papers in this case as a matter of priority.

Upon receipt of these papers the appeal will be assigned 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 hearing. The case will be given priority by the Social Welfare Appeals Office.

I trust this clarifies the matter for the Deputy.

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