Dáil Éireann Debate, Tuesday - 22 February 2022
540. Deputy Bernard J. Durkan asked the Minister for Social Protection the progress to date in the determination of an appeal for a jobseeker’s allowance in the case of a person (details supplied); when the appeal is likely to be brought to a conclusion; and if she will make a statement on the matter. [9528/22]
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. The person concerned was notified of the Appeals Officer’s decision on 2 November 2021.
Under social welfare 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 the Appeals Officer in the light of new evidence or new facts.
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.
The Social Welfare Consolidation Act 2005 (Section 327) also provides that any person who is dissatisfied with either the decision of an Appeals Officer or a revised decision made by the Chief Appeals Officer may appeal that decision or revised decision, as the case may be, 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.
