Paul McAuliffe
Question:361. Deputy Paul McAuliffe asked the Minister for Social Protection if a review of the domiciliary care allowance appeal by a person (details supplied) will be carried out. [44365/22]
View answerWednesday, 14 September 2022
Questions (361)
Written answers
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 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 22 February 2021.
Under social welfare legislation the decision of an Appeals Officer is generally 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 the person concerned submitted correspondence in May 2021 in which she requested that she be given an opportunity to make the case for her appeal at an oral hearing.
On 26 August 2021 an oral hearing via telephone was held for the purpose of a review of the appeal decision. The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of his earlier decision. The person concerned was notified of the Appeals Officer’s decision on 6 September 2021.
Following this review outcome, the person concerned submitted further additional evidence and the Appeals Officer agreed to undertake another review. The Appeals Officer did not find any new facts or fresh evidence which warranted a revision of the original decision and the person concerned was notified of this outcome on 22 November 2021.
Subsequently, the person concerned submitted more evidence and the Appeals Officer again agreed to undertake another review. The Appeals Officer again did not find any new facts or fresh evidence which warranted a revision of the original decision and the person concerned was notified of this outcome on 30 August 2022.
I am advised that the person concerned has again submitted additional evidence and that the Department has been requested to return the file to the Social Welfare Appeals Office. On receipt of this file, the Appeals Officer will again review the case. The person concerned will be contacted when the review of his/her appeal has been finalised.
I trust this clarifies the matter for the Deputy.