Dáil Éireann Debate, Tuesday - 7 July 2020
530. Deputy Sorca Clarke asked the Minister for Employment Affairs and Social Protection the reason and criteria under which a person was refused an oral appeal regarding the decision to refuse a carer’s allowance. [14482/20]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the carer's allowance appeal of the person concerned by way of a summary decision. The question under appeal was whether the caree required full-time care and attention. The person concerned was notified of the Appeals Officer’s decision on 25 June 2020.
The Social Welfare Appeals Office has also advised me that as a result of the current Covid-19 restrictions and in order to safeguard the health and safety of both appellants and staff the Social Welfare Appeals Office has not held any oral appeal hearings since 13th March 2020. No such hearings can be scheduled until further notice. Furthermore, in respect of this particular appeal, having considered all of the available evidence, the Appeals Officer decided that a decision on this case could be made on a summary basis and that an oral hearing was not required.
The decision of an Appeals Officer is normally final and conclusive. However, it may be reviewed in accordance with the Social Welfare Consolidation Act 2005, under Section 317 (where additional evidence/facts are received that were not before the Appeals Officer when he/she made his/her decision) or by the Chief Appeals Officer under Section 318 (where grounds are put forward that indicate the Appeals Officer erred in fact and/or law in his/her decision).
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.
