Written answers
Tuesday, 27 February 2024
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Pa Daly (Kerry, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
312. To ask the Minister for Employment Affairs and Social Protection when a person (details supplied) can expect to receive a decision in regard to a carer’s allowance appeal in respect of their spouse; and if she will make a statement on the matter. [9065/24]
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 responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 19th May 2023.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation, the decision of an Appeals Officer is 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.
The case in question is assigned to an Appeals Officer for a Section 317 review and is under consideration.
No comments