Willie O'Dea (Limerick City, Fianna Fail)
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393. To ask the Minister for Employment Affairs and Social Protection when a decision will be made in relation to a State pension non-contributory appeal for a person (details supplied); and if he will make a statement on the matter. [3948/25]

Dara Calleary (Mayo, Fianna Fail)
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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 2nd September 2021.

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.

Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under section 317 of the Social Welfare Consolidation Act, 2005 by an Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to this office for consideration.

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 the Chief Appeals Officer has contacted the person concerned to clarify the grounds under which she believes that the Appeals Officer erred in relation to the law or the facts in their decision. On receipt of those grounds the CAO will prioritise this review.

I trust this clarifies the matter for the Deputy.

Michael Healy-Rae (Kerry, Independent)
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394. To ask the Minister for Employment Affairs and Social Protection to examine the case of a person (details supplied) affecting their pension entitlements; and if he will make a statement on the matter. [3949/25]

Dara Calleary (Mayo, Fianna Fail)
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Following an analysis, it has been established that the first PPSN was issued to the person concerned by the Revenue Commissioners. At that time the number was not registered with my Department to record against the person concerned. As no link existed on my Department's systems with the person concerned, the PPSN was considered available for allocation and was subsequently allocated to another person.

My Department's Client Eligibility Services have been investigating the contribution issues as raised by the person concerned and have confirmed with Revenue that no contributions were recorded against the first PPSN in the years 1977 to 1983; 14 weeks contributions relating to the 1979 year have been located by Revenue in an unmatched file (where contributions are held that are returned with no PPSN).

A letter and questionnaire on employment history was issued to the person concerned on 8th November 2024 to which my Department has not yet received a response. On receipt of the requested information, the contribution record of the person concerned will be examined by my Department and updated as necessary.

I hope this clarifies the matter for the Deputy.