Dáil Éireann Debate, Tuesday - 17 May 2016
556. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection to grant a person (details supplied) an appeal in respect of a disallowance under the disability allowance scheme, given that at the time of the disallowance the person did not have the required documentation to lodge an appeal and was also in court during this period. [10467/16]
View answerAn application for Disability Allowance by the person concerned was allowed by a Deciding Officer of the Department on 30 April 2014 at a reduced rate based on her means. I am informed by the Social Welfare Appeals Office that there is no trace of any appeal against this decision having been received from the person concerned.
In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. This limit is not rigidly enforced but in view of the length of time which has elapsed since the person concerned was notified of the decision and in the absence of any explanation for the failure to submit an appeal within the prescribed timeframe, I am advised by the Social Welfare Appeals Office that it is unlikely that an appeal would be accepted at this late stage.
The person concerned could request a review of her means by the Department and if she is unhappy with the decision she would then have the right of appeal to the Social Welfare Appeals Office.
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.
