Dáil Éireann Debate, Tuesday - 9 June 2020
650. Deputy Jack Chambers asked the Minister for Employment Affairs and Social Protection if a reply will issue to correspondence she referred to the Social Welfare Appeals Office (details supplied); and if she will make a statement on the matter. [9914/20]
View answerThe Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 12 May 2020. The Office is aware that the person concerned stated that she sent in her appeal at the end of February but, unfortunately, there is no record of the appeal being received at that time.
It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers were received from the Department the case in question was referred to an Appeals Officer on 25 May 2020.
The Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. Under social welfare legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts.
I am advised that the person concerned has submitted additional evidence and that the Department has been requested to return the file to the Social Welfare Appeals Office. On receipt of this file, the case will be referred to the Appeals Officer for review under Section 317 of the Social Welfare Consolidation Act 2005. The person concerned will be contacted when the review of her appeal has been finalised.
I am also advised by the Social Welfare Appeals Office that the Deputy's representations (reference REPS-2020-20284) were replied to by that office on 12 May 2020, confirming that an appeal was now being registered in this case.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I trust this clarifies the matter for the Deputy.
