Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I understand that the Deputy's Office has since clarified that this question relates to the operational procedures in place regarding the review of Appeals Officer decisions and whether such reviews are conducted by a different Appeals Officer.

The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision-making functions.

The Social Welfare Appeals system is underpinned by legislation which sets down the roles, powers and functions of the Social Welfare Appeals Office and its Appeals Officers. Under the legislation, the decision of an Appeals Officer is final and conclusive and may 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 a case that were not brought to the attention of the Appeals Officer during the determination of an appeal, they may be submitted to the Appeals office for further consideration.

I am informed by the Appeals Office that as of July 2023, when reviews under Section 317 of the Act are being assigned every effort is made to ensure that they are assigned to a different Appeals Officer than the Appeals Officer who made the original decision.

It should be noted however that in some cases it may be more appropriate to assign the review to the same Appeals Officer depending on the circumstances of the case particularly if it was complex and involved an oral hearing.

I trust this clarifies the matter for the deputy.