Dáil Éireann Debate, Tuesday - 17 May 2016
514. Deputy Willie Penrose asked the Minister for Social Protection to immediately pay a claim awarded to a person (details supplied) on appeal to the chief appeals officer under the invalidity pension scheme; and if he will make a statement on the matter. [9907/16]
View answerI have been advised by the Social Welfare Appeals Office that the Appeals Officer who allowed the appeal of the person concerned made an error in doing so as he failed to have regard to the grounds of the Deciding Officer’s disallowance i.e. the fact that the person concerned did not satisfy the PRSI conditionality of the invalidity pension scheme.
In order to qualify for invalidity pension a claimant must have a minimum of 260 reckonable PRSI contributions (Class A, E or H) since their date of entry into insurance and a minimum of 48 reckonable PRSI contributions or credits in the year immediately preceding the year of the claim which was 2014 in the case in question.
The error was brought to the attention of the Appeals Officer by the Department and he reconsidered the appeal. As the person concerned did not satisfy either element of the mandatory PRSI contribution test the Appeals Officer had no option but to disallow the appeal. I am sure the Deputy will understand that an Appeals Officer does not have discretion to allow an appeal where a claimant clearly does not satisfy the legislative conditionality of the scheme.
I am advised by the Appeals Office that a letter explaining the error and apologising sincerely for the confusion and any upset caused as a result has issued to the person concerned.
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.
I hope this clarifies the matter for the Deputy.
