Noel Coonan
Question:56. Deputy Noel Coonan asked the Tánaiste and Minister for Social Protection when an appeal in respect of carer's allowance in respect of a person (details supplied) in County Tipperary will be finalised. [12467/15]
View answerThursday, 26 March 2015
Questions (56)
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 30th January 2015. Under Social Welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be revised in the light of new evidence or new facts which would make the original decision incorrect, or in cases where the decision of the Appeals Officer was to allow the appeal, there has been a change of circumstances which has come to notice since the date of the Appeals Officer's original decision.
I understand that the appeal of the person concerned was disallowed following a summary decision on the basis of a means assessment of income from her spouse's insurable employment and capital, neither of which has been disputed. I am advised that in making her appeal, the person concerned questioned the fact that certain living expenses and household costs had not been considered in assessing the means in her case.
In making the decision to disallow the appeal, the Appeals Officer advised the person concerned that the expenses referred to are not allowable under the social welfare legislation in assessing means for the purposes of Carer's Allowance.
I am advised that following receipt of the Appeals Officer's summary decision the person concerned requested an oral hearing but did not offer any new facts or evidence which could render the Appeals Officer's decision incorrect. In the circumstances, as there is no prospect that additional information could be provided which would affect the outcome of the appeal, the Appeals Officer does not consider that an oral hearing is warranted or that his decision should be changed. This decision is fully in accordance with the policy of the Social Welfare Appeals Office with regard to the granting of an oral hearing if requested.
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.