Dáil Éireann Debate, Wednesday - 14 September 2022
368. Deputy Bernard J. Durkan asked the Minister for Social Protection if an appeal has now been registered in the case of a person (details supplied) in respect of alleged overpayment; if their appeal will be expedited given the stress that this ongoing case is causing; and if she will make a statement on the matter. [44423/22]
View answerThe 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 the person concerned was receiving Carer's Allowance and had their payment suspended effective from 30 September 2021 on the basis that they had failed to supply information requested by the Department. On 14 March 2022, a Deciding Officer reviewed all the available information and decided that the person concerned was no longer entitled to Carer's Allowance as they had failed to show that they satisfied the conditions for Carer's Allowance and had failed to supply documentation that was requested from them. The person concerned was advised of their right of review and appeal. No request for a review or appeal was received by the Department or the Social Welfare Appeals Office at that stage.
On 27 July 2022, a Deciding Officer conducted another review of the decision and decided that the person concerned was not entitled to Carer's Allowance for the period 31 May 2012 to 29 September 2021.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned in relation to the Deciding Officer decision of 27 July 2022 has been registered in that office on the basis of correspondence from the Deputy. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. When these papers have been received from the Department, the case will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if necessary, hold an oral appeal hearing.
I trust this clarifies the matter for the Deputy.
