Written answers

Thursday, 8 December 2022

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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263. To ask the Minister for Employment Affairs and Social Protection if her Department will issue a decision on an invalidity pension appeal by a person (details supplied) in County Cork. [61407/22]

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 time allowed for the submission of an appeal of a decision on a claim is 21 days from the date of the notification of the decision. While the Chief Appeals Officer may approve acceptance of a late appeal, this is only where there are good reasons to explain the length of the delay.

Given the significant amount of time between the decision on the claim of the person concerned and the receipt of this appeal, a late appeal is not being accepted.

Accordingly, the appeal in relation to the decision on the claim of the person concerned will not be considered.

I am sorry that I cannot be of further assistance in this matter.

The person concerned may, of course, request a review of the decision on their claim from the Department of Social Protection at any stage. If the person concerned is unhappy with the outcome of the reviewed decision, they can submit an appeal to our office providing it is within 21 days of the date of the decision.

I trust this clarifies the matter for the Deputy.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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264. To ask the Minister for Employment Affairs and Social Protection if she will expedite a decision on an invalidity pension appeal by a person (details supplied) in County Cork. [61409/22]

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 by the person concerned was registered in that office on 4 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.  These papers were received in the Social Welfare Appeals Office on 25 November 2022. 

The case was referred to an Appeals Officer on 30 November 2022, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral hearing.  The Appeals Officer will examine the appeal papers in this case as a matter of priority.

I trust this clarifies the matter for the Deputy.

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