Paul McAuliffe
Question:1159. Deputy Paul McAuliffe asked the Minister for Social Protection if she will review the case of a person (details supplied) regarding a widow’s pension. [19643/21]
View answerWednesday, 21 April 2021
Questions (1159)
Written answers
I 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 2 March 2021.
The appeal related to the decision of a Deciding Officer not to back-date the award of a late claim for Widower's Contributory Pension by more than six months beyond the date of application. The operative legislation provides for possible further backdating beyond the period of six months in two limited circumstances only. Firstly, when the delay in making the claim was due to information given by an officer of the Minister to the person concerned (or someone acting on their behalf) and secondly, where the delay was due to the person being so incapacitated that he or she was unable to make a claim (or appoint a person to act on their behalf).
In his decision the Appeals Officer noted that the person concerned had related the circumstances pertaining to his late application and acknowledged the impact the death of his wife and the subsequent grieving process had on him. However, the Appeals Officer did not find that this encompassed sufficient evidence to invoke either of the above two legislative criteria to enable backdating beyond six months.
The social welfare appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act 2005 by an Appeals Officer in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Social Welfare Appeals Office for consideration.
The Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts. To request a review under Section 318 of the Act a statement is required as to how the Appeals Officer may have erred in relation to the law or the facts.
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 on social welfare entitlements.
I trust this clarifies the matter for the Deputy.