Dáil Éireann Debate, Thursday - 11 November 2021
325. Deputy Bernard J. Durkan asked the Minister for Social Protection if an urgent oral hearing can be facilitated online or in person in respect of an appeal for invalidity pension in the case of a person (details supplied); and if she will make a statement on the matter. [55327/21]
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 appeal of the person concerned by way of a summary decision on 26 January 2021.
A decision of an Appeals Officer is generally final apart from in some limited circumstances. 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. A request for such a review by the Chief Appeals Officer in respect of the person concerned was received on 26 April 2021. The Chief Appeals Officer, having reviewed the Appeals Officer's decision, declined to revise the decision. The person concerned was notified of the outcome of the Chief Appeals Officer’s review on 10 May 2021.
An Appeals Officer may revise his or her decision under Section 317 of the Social Welfare Consolidation Act 2005 where it appears to him or her that the decision was erroneous in the light of new evidence or new facts which have been subsequently brought to his or her notice. I am advised that the person concerned submitted additional evidence and that the Appeals Officer reviewed the appeal on foot of this additional evidence under Section 317. The Appeals Officer did not find any new facts or evidence which warranted a revision of her earlier decision. The person concerned was notified of the outcome of the Appeals Officer’s review on 19 August 2021.
I am advised that a second Section 318 review was requested in respect of the person concerned on 7 October 2021. Following a review of the Appeals Officer's decision the Chief Appeals Officer again declined to revise the decision. The person concerned was notified of the outcome of the Chief Appeals Officer’s review on 28 October 2021.
The Social Welfare Appeals Office has noted the Deputy's requests for an oral hearing. This matter is governed by the Social Welfare (Appeals) Regulations 1998 (S.I. No. 108 of 1998). Article 13 of the Regulations provides "Where the appeals officer is of the opinion that the case is of such a nature that it can properly be determined without a hearing, he or she may determine the appeal summarily." The Appeals Office is satisfied that this appeal, at initial decision stage and at the review stages, has been properly determined without an oral hearing.
Under social welfare legislation, a Section 318 review is the final stage of the appeal process. However, the Social Welfare Consolidation Act 2005 (Section 327) also provides that any person who is dissatisfied with the decision of an Appeals Officer may appeal that decision to the High Court on any question of law.
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.
