Written answers
Tuesday, 25 June 2024
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Rose Conway-Walsh (Mayo, Sinn Fein)
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265. To ask the Minister for Employment Affairs and Social Protection to provide an update on the outstanding response from the appeals section on an application by a person (details supplied) who has been waiting on an appeal since September 2023; and if she will make a statement on the matter. [26995/24]
Heather 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 of the available evidence, decided to disallow the carer's allowance appeal of the person concerned by way of a summary decision on 17 January 2023. Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts.A Section 317 review was subsequently carried out by the Appeals Officer on 18 July 2023 and the outcome was that the decision was not revised. I am advised that the person concerned has submitted additional evidence and that the Appeals Officer is currently considering the matter, again under Section 317 of the Act. The person concerned will be advised of the outcome of the review in the near future. I trust this clarifies the matter for the Deputy.
Marian Harkin (Sligo-Leitrim, Independent)
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266. To ask the Minister for Employment Affairs and Social Protection for a timeline on a decision for an appeal for a person (details supplied); and if she will make a statement on the matter. [26996/24]
Heather 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 appeal by the person concerned was registered in that office on 12 April 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. The Appeals Office have reminded the department that these papers are required.Once those papers are received in the Social Welfare Appeals Office the case 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 hearing. I trust this clarifies the matter for the Deputy.
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