Written answers
Monday, 9 September 2024
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Bernard Durkan (Kildare North, Fine Gael)
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983.To ask the Minister for Employment Affairs and Social Protection the progress to date in determining an appeal (details supplied); when a final determination is likely to issue; and if she will make a statement on the matter.[34987/24]
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 the evidence, disallowed the appeal of the person concerned by way of summary decision on the 18th April 2024.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
The Chief Appeals Officer has power under section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.
I understand a request for such a review was made to the Chief Appeals Officer on 21st June 2024, and the person concerned will be notified of the Chief Appeals Officer’s decision in due course.
I trust this clarifies the matter for the Deputy.
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