Written answers
Wednesday, 10 July 2024
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Robert Troy (Longford-Westmeath, Fianna Fail)
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162. To ask the Minister for Employment Affairs and Social Protection to ensure that the disability appeal in the name of a person (details supplied) is expedited. [30060/24]
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 19 January 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 31 January 2024. The case was referred to an Appeals Officer on 5 February 2024.
I have been advised that the Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 28 June 2024.
I trust this clarifies the matter for the Deputy.
Bernard Durkan (Kildare North, Fine Gael)
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163. To ask the Minister for Employment Affairs and Social Protection if appeal for invalidity pension, disability allowance, disability payment in the case of a person (details supplied); and if she will make a statement on the matter. [30070/24]
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 there is no record of any appeal by the person concerned having been received by that Office.
The time period within which an appeal may be made is up to 21 days from the date of the notification of the decision. The decision on the invalidity pension claim of the person concerned issued from the Department of Social Protection on 2 May 2024. Any appeal now made will be outside the time allowed to appeal the decision on the claim and will not be accepted.
However, if there are good reasons that explain why the appeal was late, then the person concerned may provide the Social Welfare Appeals Office with these reasons for consideration. There is no right to an appeal after the 21 days has expired and any appeal allowed after that time is at the discretion of the Chief Appeals Officer.
It is also open to the person concerned to request a review of the decision on the claim from the Department at any stage.
I trust this clarifies the matter for the Deputy.
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