Bernard Durkan (Kildare North, Fine Gael)
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244. To ask the Minister for Employment Affairs and Social Protection whether an appeal to disallow invalidity pension appeal in the case of a person (details supplied) will be reviewed given it appears the appeals officer erred in fact due to the extent of medical evidence supplied, wherein it was clearly indicated that the appellant’s case was well based and that any doubt as to whether the condition would last for a year or more can only be verified by reference to the same expert medical evidence; and if she will make a statement on the matter. [42329/24]

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, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.

Under law (Section 320 of the Social Welfare (Consolidation) Act 2005), an Appeals Officer’s decision is generally final and conclusive and can only be revised in certain limited circumstances:

(i) by an Appeals Officer under Section 317 of the Social Welfare (Consolidation) Act 2005 where new facts or evidence have been provided which were not before the Appeals Officer when he made his decision which, had they been before him, would have rendered the decision erroneous;

(ii) by the Chief Appeals Officer under Section 318 of the Social Welfare (Consolidation) Act 2005 where it has been established that in making the decision the Appeals Officer has made a mistake in relation to the law or the facts; or

(iii) by an appeal to the High Court on any question of law in accordance with Section 327 of the Social Welfare (Consolidation) Act 2005.

If the named person wishes to request a review of the Appeals Officer’s decision under (i) above they must specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.

If they wish to request a Section 318 review of the Appeals Officer’s decision as outlined in (ii) above they must specify on what grounds they believe that the Appeals Officer made an error of fact or law in reaching their decision.

I trust this clarifies the matter for the Deputy.