Dáil Éireann Debate, Tuesday - 10 November 2020
518. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for a disability allowance in the case of a person (details supplied); if an online oral hearing will be facilitated in this instance; and if she will make a statement on the matter. [34951/20]
View answerI am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 11 June 2020.
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 additional evidence was subsequently submitted and the Appeals Officer agreed to review the appeal of the person concerned on foot of this additional evidence. The legislation provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in this case as it was considered that an oral hearing was not warranted. The outcome of the review was that the Appeals Officer did not find any new facts or fresh evidence which warranted a revision of the earlier decision. The person concerned was notified of the Appeals Officer's decision on 28 August 2020.
The Social Welfare Appeals Office functions independently of the Minister for 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.
