Dáil Éireann Debate, Tuesday - 18 May 2010
389 Deputy Joanna Tuffy asked the Minister for Social Protection if he will expedite an appeal against a decision not to award disability allowance in respect of a person (details supplied) in County Dublin; if he will grant an early oral hearing; the reason for the delay; and if he will make a statement on the matter. [19963/10]
View answerThe Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned will be referred to an Appeals Officer for consideration. As part of this consideration the Appeals Officer will determine if an oral hearing is warranted in this case.
The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
390 Deputy Joanna Tuffy asked the Minister for Social Protection the grounds on which an appeal of an application for carer’s allowance was turned down in respect of a person (details supplied) in County Dublin; if same will be re-opened; and if he will make a statement on the matter. [19964/10]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having considered all the available evidence, disallowed the appeal on the grounds that the person concerned does not satisfy the statutory means conditions and she does not provide full-time care and attention as defined in legislation.
Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the 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 was not brought to the attention of the Appeals Officer during the determination of this appeal, they may be submitted to the Social Welfare Appeals Office for further consideration.
The Social Welfare Appeals Office functions independently of the Minister of Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
