Written answers
Thursday, 26 June 2025
Department of Employment Affairs and Social Protection
Social Welfare Appeals
Louise O'Reilly (Dublin Fingal West, Sinn Fein)
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277. To ask the Minister for Employment Affairs and Social Protection the case of a social welfare appeals office decision (details supplied); and if he will make a statement on the matter. [35090/25]
Dara Calleary (Mayo, Fianna Fail)
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The Social Welfare Appeals Service is responsible for determining appeals against decisions in relation to social welfare entitlements. The Service is administered by the Chief Appeals Officer. The Chief Appeals Officer and her team of Appeals Officers are independent in their decision making functions. As Minister I need to be conscious of the independence of the office, its functions and the decisions it makes.
The question at issue in the appeal referenced by the Deputy was if the worker referred to had been working for the appellant employer under a contract of service (employee) or under a contract for services (contractor) during a particular period. The worker had received a decision from my Department on 18th November 2020 determining that he had been working as an employee and was employed at Class A.
The appellant employer appealed the decision to the Social Welfare Appeals Office. The Appeals Officer held an oral hearing and made his decision based on all of the evidence that was before him. Based on that evidence the appeal was allowed.
The Chief Appeals Officer subsequently received correspondence from the worker outlining a number of concerns he had about the Appeals Officer's decision, stating that it contained multiple errors in fact and in law. Section 318 allows the Chief Appeals Officer to revise a decision where it appears to the Chief Appeals Officer that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.
I understand that the Chief Appeals Officer has now carried out that review and the outcome has issued to relevant parties this week.
The Chief Appeals Officer's decision is based on the submissions received. If the person concerned has additional information not previously submitted for consideration that he now wishes to bring to the attention of the Chief Appeals Officer he may do so under Section 317 of the Social Welfare Consolidation Act.
The Deputy should be aware that my Department's decision regarding PRSI class has no effect on an individual's status for tax or employment rights purposes. The Office of the Revenue Commissioners deal with tax treatment and the Workplace Relations Commission deal with employment rights issues.
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