Bernard Durkan (Kildare North, Fine Gael)
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394. To ask the Minister for Employment Affairs and Social Protection if an oral hearing will be facilitated in the pending appeal of a person (details supplied); if all reckonable contributions paid to date by the person have been used in the calculation of his entitlement; and if she will make a statement on the matter. [2968/23]

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 8 September 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 11 November 2022.

The case was referred on 15 November 2022 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 Appeals Officer's examination of the case will include consideration of the appropriate reckonable contributions in determining the entitlement of the person concerned.

The Regulations governing appeals provide that it is a matter for the Appeals Officer to determine whether an oral hearing is required or whether an appeal can be decided by way of summary decision.

I trust this clarifies the matter for the Deputy.