Dáil Éireann Debate, Wednesday - 15 May 2024
67. Deputy Darren O'Rourke asked the Minister for Social Protection if there is further leave to appeal after a section 317 appeal within her Department or elsewhere; if appellants are entitled to an oral hearing to challenge a section 317 appeal refusal; and if she will make a statement on the matter. [21993/24]
Amharc ar fhreagraThe 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.
Under social welfare legislation, the decision of the Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer under section 317 in light of new evidence or new facts. If there is any new evidence or new facts pertinent to a case that were not brought to the attention of the Appeals Officer during the determination of the section 317 review, 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. An appeal can be made to the High Court on any question of law in accordance with Section 327 of the Social Welfare (Consolidation) Act 2005.
The regulations governing appeals provide that it is a matter for the appeals officer to decide whether an oral hearing is required or whether an appeal can be decided by way of summary decision.
I trust this clarifies the matter for the Deputy.
