Dáil Éireann Debate, Thursday - 1 June 2023
241. Deputy Bernard J. Durkan asked the Minister for Social Protection if an oral hearing can be arranged in respect of appeal against a decision to refuse disability allowance in the case of a person (details supplied); and if she will make a statement on the matter. [26982/23]
View answerThe Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Social Welfare Appeals Office has advised me that a disability allowance appeal by the person concerned was registered in that office on 19 May 2023. 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 in question will be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, hold an oral appeal hearing.
On receipt of the papers the Deputy's request for an oral hearing will be brought to the attention of the Appeals Officer. The regulations governing appeals provide that it is a matter for the Appeals Officer to decide whether an oral hearing is necessary or whether an appeal can be decided by way of summary decision.
I trust this clarifies the matter for the Deputy.
