Written answers
Tuesday, 23 July 2024
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Bernard Durkan (Kildare North, Fine Gael)
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1312.To ask the Minister for Employment Affairs and Social Protection if the case for an appeal on invalidity pension for a person (details supplied) will be examined; and if she will make a statement on the matter. [31969/24]
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.
As stated in the response to PQ 30070/24, the Social Welfare Appeals Office has advised me that an appeal by the person concerned has not been received .
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.
On foot of the Deputy's question, a notice of appeal form has been sent to the person concerned requesting her to state the grounds for her appeal of the Department’s decision, including the reasons for the late appeal. On receipt of a reply, the notice of appeal will be considered for acceptance.
I trust this clarifies the matter for the Deputy.
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