Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

231. To ask the Minister for Employment Affairs and Social Protection if the practice of the Social Protection Appeals Office accepting appeals in the context of scoping decisions without grounds for those appeals being set out and-or examined will be discontinued; how frequently this practice occurred in each of the past five years; the amount of time, on average, between an appeal being lodged and a case being further decided upon; and if she will make a statement on the matter. [17125/24]

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 have been advised by the Social Welfare Appeals Office that appeals are not accepted unless the notice of appeal sets out the facts and contentions that are the basis for making the appeal.

Legislative provisions in relation to the appeals procedure and giving notice of appeal is set out in S.I. 108/1998: Social Welfare (Appeals) Regulations, 1998. Article 9(4) states that "The notice of appeal shall contain a statement of the facts and contentions upon which the appellant intends to rely."

Where the facts and contentions are not provided, the Office writes to the person to clarify the basis of the appeal and ask for the information required.

No statistics of the nature requested by the Deputy are maintained.

To assist customers in making appeals, a notice of appeal form is available at www.gov.ie. The form may be downloaded, completed and emailed to the Office or alternatively may be printed, completed and posted to the Office. Parts 5 and 6 of the form clearly guides the person to provide the grounds for the appeal and provide supporting documents. Information on what an appeal should include is also available on the website.

I trust this clarifies the matter for the Deputy.

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.

The Social Welfare Appeals Office has advised me that a Carer's Allowance appeal by the person concerned was registered in that office on 08 March 2024. 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 21 March 2024. The case has been assigned to an Appeals Officer who will make a summary decision on the appeal based on documentary evidence presented or, if necessary, hold an oral hearing.

I trust this clarifies the matter for the Deputy.