Dáil Éireann Debate, Tuesday - 13 June 2023
834. Deputy Kathleen Funchion asked the Minister for Social Protection if she will intervene and review the invalidity pension application in the case of a person (details supplied); and if she will make a statement on the matter. [28169/23]
View answerInvalidity Pension (IP) is a payment for people who are permanently incapable of work because of illness or incapacity and for no other reason and who satisfy the pay related social insurance (PRSI) contribution conditions. Permanently incapable of work is defined as an incapacity for work of such a nature that the likelihood is that the claimant will be incapable of work for life or an incapacity which has existed for 12 months prior to the date of claim and where the Deciding Officer or Appeals Officer is satisfied that the claimant is likely to be unable to work for 1 year from the date of the claim.
My Department received an application for IP for the person in question on 25 July 2022. The person concerned was refused IP on 29 September 2022 on the grounds that the medical conditions for the scheme were not satisfied. The person in question appealed the decision to the independent Social Welfare Appeals Office (SWAO) who have advised that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 17 May 2023. The person in question was notified of this decision on 23 May 2023.
Under Social Welfare legislation the decision of an Appeals Officer is final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. In this regard, fresh medical evidence previously unseen by the Appeals Officer and relevant to the medical condition of the person concerned at date of application for IP on 25 July 2022 will be required in order to review the Appeals Office decision.
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.
