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Wednesday, 30 Apr 2014

Written Answers Nos. 275-293

Unemployment Levels

Questions (275)

Dara Calleary

Question:

275. Deputy Dara Calleary asked the Minister for Jobs, Enterprise and Innovation the approach his Department and the Industrial Development Authority have in place to tackle the severe unemployment rates in the east Cork region; and if he will make a statement on the matter. [19390/14]

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Written answers

There are many complex factors influencing investor location decision-making such as the increasing preference of investors globally for cities of scale with 1 million plus population, significant challenges from lower cost locations in the UK and Eastern Europe and attractive regional aid.

At present, there are 144 IDA Ireland client companies in Cork employing 27,354 people. IDA Ireland has strong relationships with all these companies and works closely with them to ensure their long term sustainability and to encourage their growth, development and continuing re-investment in their sites. The primary opportunity for regional locations is in respect of the existing client base and potential further investment opportunities from same. Approximately 70% of all FDI investments won by IDA Ireland is from the existing client base.

Cork has been particularly successful in attracting ICT companies with several recent announcements in the areas of software, customer support and shared services activities.

Currently, IDA Ireland positions Cork as being a strong cluster in Pharmaceuticals and Medical Technologies (Pfizer, Novatis, GSK, Janssen, Abbvie, Eli Lilly, Gilead, Pepsico, GE, Stryker, Gilead, Astellas among others). The success of Cork for attracting life sciences has seen the growth in associated support services such as experienced building firms and project managers, clean room providers, specialist recruitment agencies, tailored educational courses etc. This specialisation of services has increased the attractiveness of the cluster. IDA Ireland also has a number of suitably serviced strategic sites available for large scale development in the region.

The region also has a significant cluster of ICT companies such as Apple, Dell, McAfee, Trend Micro, EMC, VMware, among others. These global names have, not alone located in the South West but have reinvested in the area, offering confidence to new clients. The cluster of companies has led to the growth in suitably qualified individuals, experienced in working with multi-national corporations. The availability of new property solutions with a campus style design has also added to the attractiveness of the area.

IDA Ireland has also informed me that a new cluster is emerging in the region based around the marine and renewable technologies. The development of the Irish Maritime and Energy Resource Cluster (IMERC) will be a strong magnet of attraction for the South West. IMERC will harness and integrate diverse research and industry expertise through the development of the innovative cluster which incorporates the Beaufort Research Laboratory, The Irish National Maritime College and The Naval Service of Ireland. This is an area that IDA Ireland will increasingly focus on throughout the course of 2014 and beyond.

Finally, under the Action Plan for Jobs 2014, IDA Ireland and Enterprise Ireland are working with my Department to develop a framework for a Regional Enterprise Strategy to better integrate the efforts of enterprise agencies and the other regional stakeholders in building enterprise based on sustainable competitive advantage of the region. This exercise will complement the in-depth analysis of our FDI strategy which is currently being undertaken by Forfás and which will take account of factors such as key trends emerging in FDI best practice internationally, Ireland’s strengths in attracting FDI and any changes to the EU’s State Aid Rules, which will come into effect on 1 July 2014. The results of these two exercises will form the basis of IDA Ireland’s strategy from 2015 onwards.

Gambling Legislation

Questions (276)

Jonathan O'Brien

Question:

276. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation the number of hours a betting office is legally allowed to single-man a shop for. [19628/14]

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Written answers

With regard to the issue of working time for employees in general, I note that the Organisation of Working Time Act 1997 (OWTA) and Regulations made thereunder provide for the regulation of working time by setting out statutory rights for employees in respect of maximum weekly working hours, daily and weekly rest and rest breaks during the day. The OWTA provides for a rest break of at least 15 minutes (unpaid) after four and a half hours work. Also, for employees generally, there is a requirement for a break of at least 30 minutes where more than 6 hours is worked, which may include the earlier break. In addition, specific rules on rest breaks during the day apply to shop employees (which include betting shops) under the Organisation of Working Time (Breaks at Work for Shop Employees) Regulations 1998 (Statutory Instrument No. 57 of 1998). These Regulations provide that shop employees whose hours of work include the period from 11.30 a.m. to 2.30 p.m. shall, after 6 hours’ work, be allowed a break (unpaid) of one hour, which must commence between 11.30 a.m. and 2.30 p.m., provided such commencement would not result in the break occurring at the end of the working day. The one-hour break may include the earlier 15-minute break, if appropriate. The Act also provides for a daily rest period of at least 11 consecutive hours in each period of 24 hours. This means that there must be one 11-hour consecutive break between the time the employee ceases work and commences the next shift.

The National Employment Rights Authority (NERA) has an inspectorate which is empowered to carry out workplace inspections to ensure compliance with a range of employment rights legislation, including certain provisions of the OWTA. Where NERA inspectors come across breaches of employment rights legislation, including the OWTA, they will advise the employer to rectify the issue, and will advise the employee of the appropriate means of redress. If an employee believes that his or her rights under the OWTA have been breached, he or she may make a complaint, in the first instance, to a Rights Commissioner. A Rights Commissioner may award compensation of up to 2 years’ pay. NERA’s powers to prosecute in respect of breaches of the OWTA relate to the record keeping provision and the provision regarding overall hours worked in instances where an employee has more than one employer.

Further information on the OWTA and other employment rights, including means of redress, is available from the Workplace Relations Customer Service of NERA. This service operates from 9.30 a.m. to 5 p.m. on weekdays and can be contacted on Lo-Call 1890 808090. Workplace Relations Customer Service also provides extensive information on its website www.workplacerelations.ie.

I should point out that the Betting Act 1931, which contains the existing provisions governing the licensing of bookmakers, comes under the responsibility of the Minister for Finance. The Betting (Amendment) Bill 2013 was referred to Select Committee on 30 January 2014. I note that proposals for amendment of the overall regulatory framework covering both the betting and gaming industries are being prepared by the Minister for Justice and Equality, as set out in the published General Scheme of a Gambling Control Bill.

Health and Safety Regulations

Questions (277)

Jonathan O'Brien

Question:

277. Deputy Jonathan O'Brien asked the Minister for Jobs, Enterprise and Innovation if all betting offices licensed here have produced a written risk assessment on single-manning as they are obliged to under section 19 of the Safety, Health and Welfare at Work Act 2005 for 2013 and 2014. [19629/14]

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Written answers

The Health and Safety Authority is the statutory body responsible for the enforcement of safety and health in the workplace in the State.

As inspections and enforcement matters generally, are part of the day-to-day operational work of the Authority, I, as Minister for Jobs, Enterprise and Innovation have no direct function in the matter.

I should clarify however that Section 19 of the Safety, Health and Welfare Act 2005 requires all employers to produce a written risk assessment and safety statement that must be communicated, in an understandable form, to relevant employees. If, following this risk assessment, single-manning is identified as a risk then an employer is obliged to put in place appropriate controls to mitigate that risk.

Inspection campaigns rolled out by the HSA must take account of available resources and the risk factors associated with various sectors. It is of course open to any employee to bring a matter of concern to the attention of the Authority for appropriate action.

Pension Provisions

Questions (278)

Willie Penrose

Question:

278. Deputy Willie Penrose asked the Minister for Social Protection the steps that companies who wish to establish in the State have to take in order to comply with the national pension policy; if they are obliged to provide private personal pension schemes to their employees in such a situation; and if she will make a statement on the matter. [18528/14]

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Written answers

Pension schemes in Ireland are generally set up on a voluntary basis and arrangements for access to a scheme would generally be a matter for negotiations between the employers, employees and trade unions. Where an employer does not provide employees with access to an occupational pension scheme within six months of the commencement of employment, then the employer must provide the employee with access to a Personal Retirement Savings Account (PRSA).

In any event, where the employee engages with a pension arrangement facilitated by the employer, the employer will deduct any contributions the employee wishes to make from pay and remit the employee’s contributions to the pension scheme or PRSA provider.

Defined Benefit Pension Schemes

Questions (279)

Joe Higgins

Question:

279. Deputy Joe Higgins asked the Minister for Social Protection the number of defined benefit pension schemes currently in deficit and the amount. [18761/14]

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Written answers

It is estimated that there are some €50 billion of assets in defined benefit pension schemes. At present 470 schemes are in deficit while some 380 schemes satisfy the requirements of the funding standard as set out in the Pensions Act.

The overall deficit in defined benefit pension schemes is estimated at €8.5bn. The majority of these schemes in deficit have put in place funding proposals to bring them back into a funded position.

Education and Training Provision

Questions (280)

Caoimhghín Ó Caoláin

Question:

280. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if as outlined in the Irish Youth Guarantee Plan published on 29 January 2014, her plans to reduce the minimum duration of unemployment required for young persons to be eligible for participation in Momentum; and if she will make a statement on the matter. [18837/14]

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Written answers

MOMENTUM, a scheme for education and training interventions, which is part of the Government’s Action Plan for Jobs initiative, was rolled out by the Department of Education in 2013. MOMENTUM supported the provision of free education and training projects in 2013 to allow up to 6,500 long term jobseekers to gain skills and to access work opportunities in identified growing sectors. Over 1,600 of these places were taken up by young people in 2013 up to mid-November.

A further range of MOMENTUM projects is planned for 2014, and it is intended that a minimum of 2,000 of these MOMENTUM places will be taken up by young people.

In the Youth Guarantee Implementation Plan published in January 2014, it was noted that there may be grounds for reducing the minimum duration of unemployment required for young people to become eligible for the programme. A decision on this will be subject to a review of experience with MOMENTUM in 2014 – in particular in relation to achieving the target for participation by young people in the programme.

Rent Supplement Scheme Data

Questions (281)

Dessie Ellis

Question:

281. Deputy Dessie Ellis asked the Minister for Social Protection the number of persons currently in receipt of rent supplement here; the number that have been in reciept of rent supplement for longer than 12 months and 24 months respectively; and the average rent supplement payment for each specific area. [19138/14]

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Written answers

The purpose of the rent supplement scheme is to provide short-term support to eligible persons living in private-rented accommodation, whose means are insufficient to meet their accommodation costs and who do not have accommodation available to them from any other source. There are currently approximately 78,000 rent supplement recipients for which the Government has provided some €344 million in 2014.The overall average rate of rent supplement at end March 2014 is €85.48 per week, a breakdown of this information by area is not available. The numbers in receipt of rent supplement for more than 12 and 24 months are provided in the tabular statement.

Tabular Statement: Rent Supplement Recipients

At end of March 2014

Recipients

12+ Months

57,580

24+ Months

43,411

Death Certificates

Questions (282)

Caoimhghín Ó Caoláin

Question:

282. Deputy Caoimhghín Ó Caoláin asked the Minister for Social Protection if it is possible for a person to apply for a modified version of the cause of death to be entered on a death certificate of a relative, for example, where suicide is the cause of death the addition of the words "by hanging" can cause distress; and if she will make a statement on the matter. [19327/14]

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Written answers

The loss of a family member in any circumstances is an extremely tragic event and I would like to extend my deepest sympathies to those families who have lost a loved one through suicide.

Under sections 41 and 42 of the Civil Registration Act 2004 a coroner or a medical practitioner provides the required particulars of a death, including cause of death, in order that the death can be registered in the register of deaths. The death certificate is a copy of an entry in the register and must include the details as laid out in that entry including cause of death.

I am very much aware that the cause of death contained in some death certificates can cause distress to loved ones and in this regard I will introduce within the coming weeks, by regulation, a short form death certificate that will omit the cause of death. I hope that this will provide some comfort to families where the details of the cause of death registered are upsetting.

Community Services Programme

Questions (283)

Dara Calleary

Question:

283. Deputy Dara Calleary asked the Minister for Social Protection the reason she is withdrawing support for a community services programme (details supplied). [18532/14]

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Written answers

The community services programme (CSP) is designed to address gaps in service delivery and disadvantage and to ensure that community facilities are utilised. The programme is funded by my Department with day-to-day management of contracts undertaken by Pobal.

Over 400 not-for-profit companies and co-operatives shared annual funding of €46m from the programme in 2013 and similar levels of support are being provided in 2014. Contract holders must deliver tangible services that are capable of generating non-public revenues from their operations by way of charging fees, sales and/or fundraising and other public funds. The programme is not intended to represent full-funding for any operation.

Each contract holder is responsible for their own budgets, income, financial and other liabilities. Contracts are generally offered on a three-year cycle based on a business plan or similar submitted by the company. Continued funding is subject to satisfactory compliance with the programme’s operational requirements, financial position of the company, continued eligibility of the company and service, progress on delivery of the stated objectives in the business plan, and an assessment of a business plan for the following three year contact cycle.

A regular review process is undertaken to ensure compliance with contract obligations, audit issues, continuing capacity of the organisation to manage public funds, the need for and quality of service delivery, sustainability and value for money.

A re-contracting process for the period 2014-16 for organisations operating under the Community Services Strand of the programme was undertaken in 2013. This involved the submission of business plans by contracted organisations. The plans and past performance were reviewed by Pobal and the conclusions submitted to this Department for consideration and decision. Based on the business plan submitted by the company in question, the Department concluded that the manner in which the services were organised was inconsistent with the programme requirements, as set out in the rules and guidelines.

The company has an opportunity to seek a review of the decision and/or to submit an amended business plan which rectifies the issues identified. Alternative proposals consistent the programme requirements may also be made to the Department.

Social Welfare Payments Administration

Questions (284)

Robert Troy

Question:

284. Deputy Robert Troy asked the Minister for Social Protection if her attention has been drawn to the delay in issuing arrears relating to social welfare payments granted on appeal. [18541/14]

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Written answers

The Department is committed to ensuring that the decisions of appeals officers are implemented without delay.

In all cases, it takes a number of days for the relevant scheme area to receive notification of an Appeals Officer’s decision, together with returned case papers. Where the appeal has been granted, there are a number of necessary administrative steps which must be completed to give effect to the Appeals Officers decision. In some cases there will be inter-scheme and/or local/Intreo office follow up required, to reconcile overlapping benefit periods arising from the decision of the Appeals Officer, before the final due arrears balance can be established and subsequently paid. In most cases, allowing for the necessary administrative procedures, there are no significant delays being experienced in the finalising of Appeals Officer decisions and the payment of due arrears.

In 2013, approximately 18,000 new Disability Allowance applications were received and almost 20,500 applications were decided. This increased level of decision making resulted in a corresponding increase in the volume of requests for reviews and/or appeals against adverse decisions. This in turn has led to increased waiting times for arrears to issue in some successful appeal cases, where the person was in receipt of another weekly social welfare payment during the period in question. In successful appeal cases where the person was not in receipt of another weekly social welfare payment there are no significant delays in issuing due arrears.

Carer's Allowance Applications

Questions (285)

Jim Daly

Question:

285. Deputy Jim Daly asked the Minister for Social Protection the position regarding an application for carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18560/14]

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Written answers

I confirm that the department received an application for carer’s allowance from the person in question on the 19th October 2013. The person concerned was refused carer’s allowance on the grounds that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. He was notified of this decision on the 14th of January 2014, the reason for it and of his right of review or appeal. The person in question requested a review of this decision and submitted additional medical evidence in support of the application. However, this information did not alter the decision of the deciding officer who confirmed the original decision. The person in question was notified of this decision on the 13th February 2014 the reason for it and of his right of appeal within 21 days.

It is open to the person in question to submit a new application for carer’s allowance which will be assessed and decided upon as soon as possible.

Disability Allowance Appeals

Questions (286)

Michael Healy-Rae

Question:

286. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a disability allowance appeal in respect of a person (details supplied); and if she will make a statement on the matter. [18561/14]

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Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 16th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.

Household Budget Facility

Questions (287, 367)

Finian McGrath

Question:

287. Deputy Finian McGrath asked the Minister for Social Protection if she will clarify the position on section 290 and the concerns of the Money Advice and Budgeting Service (details supplied); and if she will make a statement on the matter. [18581/14]

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Willie O'Dea

Question:

367. Deputy Willie O'Dea asked the Minister for Social Protection the reason she has discontinued the lough payment scheme whereby household budget scheme deductions from a person's social welfare payment will be discontinued for any Money Advice and Budgeting Service client using the lough payment scheme; if she will reinstate the lough payment scheme until there are more suitable and affordable saving, credit and payment options available to the financially marginalised members of society who depend on this scheme; and if she will make a statement on the matter. [19374/14]

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Written answers

I propose to take Questions Nos. 287 and 367 together.

The Household Budget facility, operated by An Post on behalf of the Department of Social Protection, provides customers with a facility to have their household utility bills and social rents deducted directly from their weekly social welfare payment.

While some 33,000 housing authority tenants have availed of the facility in terms of social rents, the housing authorities were experiencing difficulties with tenants subsequently cancelling the arrangements. In order to address this issue, legislative amendments, specific to housing authority rents, have been introduced to ensure that once a person participates in a household budgeting arrangement, they cannot withdraw from the arrangement without the consent of the relevant housing authority or housing body.

This change has been implemented in respect of all new applications made under the Household Budget scheme in respect of housing authority rents from January 2014, which will support the collection of rents for local authorities and will also facilitate the pilot phase of the new Housing Assistance Payment (HAP).

There are a number of Money Advice and Budgeting Services (MABS) companies which have been assisting and supporting their clients with a facility to make direct deductions from their social welfare payments for bill paying purposes through historical arrangements put in place by Cork MABS and the Lough Credit Union, using the Household Budget facility operated by An Post. This arrangement is known as the Lough Payment Scheme or MABSlink.

The purpose of the Household Budget facility is to facilitate deductions from social welfare payments for specified creditors. The Lough Payment Scheme catered for a variety of creditors, some outside those specified for the Household Budget facility. The local MABS companies involved are working closely with those currently availing of the Lough Payment Scheme to help put alternative arrangements in place.

The Citizens Information Board, which has statutory responsibility for the Money Advice and Budgeting Service (MABS) is liaising with the local MABS companies concerned. In light of the profile of MABS clients affected, particular effort is being made to ensure that suitable alternative options are made available and that clients will be fully supported through the transition to the alternative arrangement. The current arrangements will continue for existing customers on an administrative basis in the interim.

Farm Assist Scheme Appeals

Questions (288)

Michael Healy-Rae

Question:

288. Deputy Michael Healy-Rae asked the Minister for Social Protection the position regarding a farm assist appeal in respect of a person (details supplied) in County Kerry; and if she will make a statement on the matter. [18593/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned together with the relevant Departmental papers were received by that office on 26th March 2014 and that the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.

Carer's Allowance Appeals

Questions (289)

Michael Creed

Question:

289. Deputy Michael Creed asked the Minister for Social Protection if she will arrange to expedite a decision on a carer's allowance appeal in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [18615/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 19th March 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.

Carer's Allowance Appeals

Questions (290)

Michael Creed

Question:

290. Deputy Michael Creed asked the Minister for Social Protection if she will arrange to expedite a decision on a carer's allowance appeal in respect of a person (details supplied) in County Cork who attended an oral hearing on 8 April 2014; and if she will make a statement on the matter. [18616/14]

View answer

Written answers

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all of the available evidence, including that adduced at the oral hearing, has decided to allow the appeal of the person concerned. The person concerned was notified of the Appeals Officer’s decision on 22nd April 2014.

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.

Disability Allowance Appeals

Questions (291)

John McGuinness

Question:

291. Deputy John McGuinness asked the Minister for Social Protection if an application for a disability allowance now under appeal will be expedited and approved; and if a supplementary allowance will be approved in respect of a person (details supplied) in County Kilkenny. [18620/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that a disability allowance and a supplementary welfare allowance appeal from the person concerned were registered in that office on the 10th March 2014 and 11th March 2014 respectively.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officers on the grounds of appeals be sought.

The Supplementary Welfare Allowance appeal papers have been received from the Department and the case has been referred to an Appeals Officer who will decide whether that appeal can be decided on a summary basis or whether an oral hearing will be required.

The Appeals Office further advise that the disability allowance papers have not yet been received from the Department. When these papers are received, the appeal 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 in relation to social welfare entitlements.

Carer's Allowance Appeals

Questions (292)

Dara Calleary

Question:

292. Deputy Dara Calleary asked the Minister for Social Protection the position regarding a carer's allowance in respect of a person (details supplied) in County Mayo. [18637/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was referred to an Appeals Officer on 16th April 2014, who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an 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.

Carer's Allowance Appeals

Questions (293)

John McGuinness

Question:

293. Deputy John McGuinness asked the Minister for Social Protection if a carer's allowance will be approved in respect of a person (details supplied) in County Kilkenny; and if their appeal for supplementary allowance will also be approved. [18641/14]

View answer

Written answers

The Social Welfare Appeals Office has advised me that a Carer’s Allowance appeal and a Supplementary Welfare Allowance appeal from the person concerned were registered in that office on the 13th November 2013 and 28th April 2014 respectively.

I am advised by the Social Welfare Appeals Office that an oral hearing in respect to the Carer’s Allowance appeal of the person concerned took place on the 23rd April 2014 and that the Appeals Officer is now considering the appeal in the light of all of the evidence submitted, including that adduced at the oral hearing. The person concerned will be notified of the Appeals Officer’s decision when that appeal has been determined.

It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of the person’s concerned Supplementary Welfare Allowance appeal be sought. When these papers have been received from the Department, the case in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal 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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