Bernard Durkan (Kildare North, Fine Gael)
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387. To ask the Minister for Employment Affairs and Social Protection the progress to date in the determination of an appeal for jobseeker's benefit in the case of a person (details supplied); and if she will make a statement on the matter. [2728/23]

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 an appeal by the person concerned was registered in that office on 14 July 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 8 August 2022. The case was referred to an Appeals Officer on 10 August 2022. The Appeals Officer, 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 22 November 2022.

Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed under section 317 of the Social Welfare Consolidation Act, 2005 by an Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals Office for consideration. In addition, the Chief Appeals Officer has power under section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

I trust this clarifies the matter for the Deputy.