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Social Welfare Appeals

Dáil Éireann Debate, Thursday - 21 October 2021

Thursday, 21 October 2021

Questions (233)

Michael Healy-Rae

Question:

233. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an oral hearing for a person (details supplied); and if she will make a statement on the matter. [51734/21]

View answer

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 issued on 13 July 2021. 

Under social welfare legislation a decision of the 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.  I am advised that the Appeals Officer agreed to review the appeal on foot of correspondence from the Deputy and additional evidence provided.  The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of her earlier decision.  The person concerned was notified of this outcome on 6 October 2021.

An Appeals Officer has discretion as to whether to grant an oral hearing.  An appeal may be determined on a summary basis unless it cannot be properly determined without an oral hearing.  This is provided for in Article 13 of the Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998).

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.

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