Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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535. To ask the Minister for Employment Affairs and Social Protection when a decision will be made on a carer’s allowance application (details supplied); and if she will make a statement on the matter. [43167/24]

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 Appeals Officer, having fully considered all of the available evidence, decided to disallow the disability allowance appeal of the person concerned on 18th October 2024.

Please note that, 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 they made their decision which, had they been before them, 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 appellant wishes to request a review of the Appeals Officer’s decision under (i) above they need to specify and provide new facts or evidence which were not before the Appeals Officer when they made their decision.

I trust this clarifies the matter for the Deputy.