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Invalidity Pension Appeals

Dáil Éireann Debate, Thursday - 28 March 2013

Thursday, 28 March 2013

Questions (140)

Bernard Durkan

Question:

140. Deputy Bernard J. Durkan asked the Minister for Social Protection the latest date by which a valid appeal was acceptable in the case of a person (details supplied) in County Kildare in view of the fact that the deciding offer refused to allow a late appeal; if a new application for invalidity pension is required in this case; and if she will make a statement on the matter. [15902/13]

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Written answers

The last formal decision on the application for invalidity pension by the person concerned was issued on 08 October 2011. I am advised by the Social Welfare Appeals Office that, in the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of that decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. However, in view of the length of time which has elapsed since he was notified of the decision of the Deciding Officer, it is considered that the acceptance of an appeal would not be warranted at this late stage. It would, however, be open to him to make a new application for invalidity pension to the Department and to have the matter determined afresh in the light of any changed circumstances.

If he is dissatisfied with the decision given in that regard, it would be open to him to appeal against the decision by writing to the Social Welfare Appeals Office stating clearly the grounds of his appeal. 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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