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Social Welfare Appeals

Dáil Éireann Debate, Wednesday - 2 November 2011

Wednesday, 2 November 2011

Questions (198, 199, 200, 201, 202)

Paschal Donohoe

Question:

207 Deputy Paschal Donohoe asked the Minister for Social Protection when a final decision on a rent allowance appeal will issue in respect of a person (details supplied) in County Mayo; and if she will make a statement on the matter. [32217/11]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 19th October 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Michael McGrath

Question:

208 Deputy Michael McGrath asked the Minister for Social Protection the position regarding a carer’s allowance appeal in respect of a person (details supplied)in County Cork. [32268/11]

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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 29th September 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Peter Mathews

Question:

209 Deputy Peter Mathews asked the Minister for Social Protection when a decision will issue on application for domiciliary care in respect of a person (details supplied) in Dublin 24; and if she will make a statement on the matter. [32269/11]

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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department made 9 additional appointments to the office earlier this year.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 210 withdrawn.

Jack Wall

Question:

211 Deputy Jack Wall asked the Minister for Social Protection the position regarding an appeal for back to school clothing and footwear allowance in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32272/11]

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The Back to School Clothing and Footwear Allowance (BSCFA) scheme assists eligible categories of people with the cost of school clothing and footwear. The allowance is paid in respect of eligible children between the ages of 2 and 17 years of age and between the ages of 18 and 22 years of age if in full time education in respect of whom a qualified child allowance (QCA) is being paid and is subject to a means test.

The persons concerned are not currently in receipt of a QCA payment from the Department and consequently they have no entitlement to BSCFA. The family have contacted the section in the Department who are dealing with their primary claim in order to have their entitlements to QCA payments examined. If a QCA payment is put in place their entitlement to a BSCFA payment can then be re-examined.

Jack Wall

Question:

212 Deputy Jack Wall asked the Minister for Social Protection the position regarding a social welfare appeal in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [32274/11]

View answer

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.

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.

The Appeals Officer has reviewed this case following the submission of further correspondence. However, the Appeals Officer considered that the correspondence contained no new facts or fresh evidence which would warrant a revision of his decision.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

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