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Social Welfare Appeals

Dáil Éireann Debate, Wednesday - 23 October 2019

Wednesday, 23 October 2019

Questions (62, 79)

Aindrias Moynihan

Question:

62. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection if she will introduce separate time periods for persons who have been refused a social welfare payment to ask for a review and or lodge an appeal; and if she will make a statement on the matter. [43609/19]

View answer

Aindrias Moynihan

Question:

79. Deputy Aindrias Moynihan asked the Minister for Employment Affairs and Social Protection if she will review the process by which a person who has been refused a social welfare payment must ask for a review and an appeal at the same time; and if she will make a statement on the matter. [43608/19]

View answer

Written answers

I propose to take Questions Nos. 62 and 79 together.

The current legislation provides that 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, so a customer can seek a review at any time.

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.

Any future changes to the existing timeframes for requesting a review and or appeal of a decision would need to be carefully considered to ensure that the customer retains the rights to a fair, equal and efficient resolution of any dispute on a decision.  

I hope this clarifies the matter for the Deputy.

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