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Disability Allowance Appeals

Dáil Éireann Debate, Wednesday - 18 September 2013

Wednesday, 18 September 2013

Questions (560)

Ann Phelan

Question:

560. Deputy Ann Phelan asked the Minister for Social Protection if she will investigate the case of a person (details supplied) in County Carlow who applied in January 2011 for disability allowance; and if she will make a statement on the matter. [37028/13]

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Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision on 18th September 2012. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed in the light of additional evidence or new facts.

I am advised that the person concerned requested a review of the Appeals Officers decision in the light of additional evidence received on the 15th of November 2012 but that following review, the Appeals Officer upheld the original decision. As the person concerned has submitted further additional evidence, the Appeals Officer has decided to set aside his original decision and to arrange for the appeal to be considered by way of an oral hearing. Every effort will be made to hear the case as quickly as possible and the appellant will be informed when arrangements for the oral hearing have been made.

In the meantime, I understand that the person concerned has made a new claim for disability allowance which was also refused and has been appealed. I am advised by the Social Welfare Appeals Office that the two appeals in this case will be considered together at the oral hearing.

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 in relation to social welfare entitlements.

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