Joan Collins (Dublin South Central, Independents 4 Change)
Link to this: Individually | In context | Oireachtas source

139. To ask the Minister for Employment Affairs and Social Protection the reason it is no longer made clear on the Social Welfare Appeals Office’s website that appellants can request an oral hearing. [15195/23]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Social Welfare Appeals Office is an office of the Department of Social Protection which is independent in its decision making functions.

When an appeal is assigned to an Appeals Officer for consideration the Appeals Officer makes a summary decision on the appeal based on the documentary evidence presented or, if necessary, holds an oral hearing. Under the governing legislation the decision on whether or not to hold an oral hearing is at the discretion of the Appeals Officer to whom an appeal has been assigned.

It is not the case that it is not longer made clear on the SWAO website www.gov.ie/swao that an appellant can request an oral hearing. The website provides detailed information on the appeals process. In relation to oral hearings it states as follows:

“There is no absolute right to an oral hearing and a request for an oral hearing will not be necessarily granted in all cases. It is therefore important that all evidence relevant to your appeal be submitted.

In practice, in forming an opinion as to whether an appeal can properly be determined without an oral hearing an Appeals Officer will have regard to:

- the overall nature of the appeal and the question to be determined,

- any request that has been made for an oral hearing,

- whether there are unresolved conflicts in the documentary evidence presented by the parties as to any matter essential to the determination of the appeal,

- whether there are any disputes as to the facts or differing professional opinions.

This is not an exhaustive list and as an Appeals Officer may determine an appeal on a summary basis it is important that all the documentary evidence and grounds relied on are submitted with the notice of appeal.”

I trust that clarifies the matter for the Deputy.