Dáil Éireann Debate, Wednesday - 27 May 2020
992. Deputy Éamon Ó Cuív asked the Minister for Employment Affairs and Social Protection the reason a carer's allowance appeal lodged by a person (details supplied) within 21 days of a decision of a review request is not being accepted; her plans to change the law to ensure that the Appeals Office must accept an appeal within 21 days of the final decision after a review has been turned down; and if she will make a statement on the matter. [7945/20]
View answerI am advised that application for carer's allowance by the person concerned was disallowed by a Deciding Officer of the Department on 30 April 2019. The person concerned sought a review of the decision on 30 May 2019 and was informed by the Department on 10 September 2019 that the decision was not being revised. He again sought a review on 1 October 2019 and was again informed by the Department on 6 January 2020 that the decision was not being revised.
I am further advised by the Social Welfare Appeals Office that notice of appeal was received from the person concerned on 30 January 2020. In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Under social welfare legislation a “decision” which is not revised or altered on review is not itself a "decision" or a "revised decision" and is not capable of being appealed. In effect, I am advised that the only decision that exists is the original decision of the Deciding Officer and the time limit of 21 days for submitting an appeal runs from the date of that decision. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer but in view of the length of time which had elapsed since the person concerned was notified of the Department's decision of 30 April 2019 the person concerned was advised that an appeal could not be accepted at that late stage.
However, it is my understanding that, after further consideration of the particular circumstances of this case, the Chief Appeals Officer has decided to accept this late appeal. The person concerned will now be notified of this outcome.
Any changes to the legislation relating to the time period within which the Social Welfare Appeals Office may accept an appeal would have to be considered in the overall policy context.
I trust this clarifies the matter for the Deputy.
