Written answers
Wednesday, 9 October 2024
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Duncan Smith (Dublin Fingal, Labour)
Link to this: Individually | In context | Oireachtas source
123. To ask the Minister for Employment Affairs and Social Protection if she will take steps to ensure that the carer's allowance appeal in respect of a person (details supplied) which was submitted in April 2024 is immediately determined; and if she will make a statement on the matter. [40342/24]
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.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 3rd October 2024, 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.
John Brady (Wicklow, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
124. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on an appeal for invalidity pension for a person (details supplied); and if she will make a statement on the matter. [40376/24]
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 am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.
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 which were not before the Appeals Officer when they made their decision which had they have been, it would have rendered the decision erroneous.
If the named person wishes to request a review of the Appeals Officer’s decision under Section 317 of the Social Welfare (Consolidation) Act 2005, they must specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.
I trust this clarifies the matter for the Deputy.
Pearse Doherty (Donegal, Sinn Fein)
Link to this: Individually | In context | Oireachtas source
125. To ask the Minister for Employment Affairs and Social Protection when a decision will be made for a disability allowance appeal (details supplied); the average processing times for such appeals; and if she will make a statement on the matter. [40379/24]
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 am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, has decided to allow the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officer’s decision.
I trust this clarifies the matter for the Deputy.
No comments