Paul Kehoe (Wexford, Fine Gael)
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858. To ask the Minister for Employment Affairs and Social Protection the current status of a farm assist payment for a person (details supplied); and if she will make a statement on the matter. [63599/22]

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. 

The Social Welfare Appeals Office has advised me that two Farm and Fish Assist appeals have been lodged by the person concerned. 

The first appeal was received by the Appeals Office on 12 May 2022 in relation to a decision issued by the Department on 8th April 2022.

As per the statutory requirement of the appeals process the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal were sought.  When these papers were received from the Department, the case was referred to an Appeals Officer who, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision.  The person concerned was notified of the Appeals Officer’s decision on 29 November 2022.

The second appeal from the person concerned was received in the Appeals Office on 17 October 2022.  The appeal was in relation to a decision issued by the Department to the person concerned on 30 August 2022.  The time period within which an appeal may be made is up to 21 days from the date of the notification of the decision and initially the appeal was not accepted.  The person concerned was notified of this.  However, following further correspondence from the person concerned the appeal was subsequently accepted and he was notified of this on 12 December 2022.

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 in question 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.