Tuesday, 18 June 2019

Questions (646)

Anne Rabbitte

Question:

646. Deputy Anne Rabbitte asked the Minister for Employment Affairs and Social Protection the number of years that can pass before deeming a social welfare entitlements case out of bounds for review; and if she will make a statement on the matter. [25324/19]

View answer

Written answers (Question to Employment)

Where a social welfare payment has been awarded, a Deciding Officer may revise that decision at any stage, where there is either a change of circumstances, or where there was an error in the original decision, or where fresh facts or evidence indicate that the original decision was incorrect. There is no time limit on this.

Where the original decision was to refuse the payment, the decision maker may review that decision in the case of either an error in the original decision, or where fresh facts or evidence indicate that the original decision was incorrect. Again, there is no time limit on this.

In the case of appeals to the independent Social Welfare Appeals Office, there is generally a 21 day time limit to seek an appeal, but this can be extended in certain situations by the Chief Appeals Officer.

An Appeals Officer's decision can be reviewed by another Appeals Officer, again without a time limit, where there is an error or where fresh facts or evidence indicate that the original decision was wrong.

Finally, the legislation also allows for the Chief Appeals Officer to revise an Appeal's Officer's decision at any time, where there has been an error of law or of fact.

I hope this clarifies the matter for the Deputy.