Written answers

Tuesday, 9 April 2024

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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741. To ask the Minister for Employment Affairs and Social Protection the current status of an invalidity pension appeal by a person (details supplied); and if she will make a statement on the matter. [13980/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 Office has advised me that an Invalidity Pensions appeal by the person concerned was received in that office on 8th February2024. The appeal was registered by that office on 20th March 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred 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 appeal hearing.

I trust this clarifies the matter for the Deputy.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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742. To ask the Minister for Employment Affairs and Social Protection the current situation regarding a social welfare appeal in respect of disability allowance for a person in County Cork (details supplied). [13986/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 Office has advised me that a Disability Allowance appeal by the person concerned was received in that Office on 20th March 2024. The appeal was registered by that office on 20th March 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case in question will be referred 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 appeal hearing.

I trust this clarifies the matter for the Deputy.

Photo of Colm BurkeColm Burke (Cork North Central, Fine Gael)
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743. To ask the Minister for Employment Affairs and Social Protection the current status of a carer’s allowance appeal (details supplied); when a decision is likely to be reached; and if she will make a statement on the matter. [13988/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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 the 23rd October 2023.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and the appeal was assigned to another Appeals Officer to review the appeal on foot of this additional evidence. That Appeals Officer did not find any new facts or evidence which warranted a revision of the earlier decision. The person concerned has been notified of the Appeals Officer’s decision on 4th January 2024.

I trust this clarifies the matter for the Deputy.

Photo of Kathleen FunchionKathleen Funchion (Carlow-Kilkenny, Sinn Fein)
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744. To ask the Minister for Employment Affairs and Social Protection the reason an invalidity appeal (details supplied) is taking so long to obtain an answer [13990/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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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.

As was confirmed in PQ Ref: 42106/23 an appeal on behalf of the person concerned was received by the Social Welfare Appeals Office on 11 July 2023. However, as the 21 days allowed for making such an appeal had lapsed, the SWAO confirmed to the person concerned that they would not allow a late appeal application. A letter outlining this issued to the person concerned on 26 September 2023.

The application was subsequently accepted and an appeal by the person concerned was registered on the 8th February 2024. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought.

These papers have now been received and the case was assigned to an Appeals Officer on 23rd February 2024, who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.

I trust this clarifies the matter for the Deputy.

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