Dáil Éireann Debate, Wednesday - 21 June 2023
138. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection the actions she has taken to date following her receipt of an extensive report from a person (details supplied), sent on 22 February 2023, detailing allegations of offences committed under the Social Welfare Consolidation Act 2005 in and by the Social Welfare Appeals Office; and if she will make a statement on the matter. [30048/23]
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 and insurability of employment. Appeals Officers are independent in their decision making functions.
The Deputy's question relates to an appeal decision made on 20 January 2023. The Appeals Officer allowed an insurability of employment appeal by a company finding that, on balance, the worker was employed under a contract for services.
As set out in the Appeals Officer's decision the individual decided to withdraw from the appeal process on the basis that he had not been provided with details of “test cases” that he felt were relevant to the case.
In relation to the material provided by the individual on ‘test cases’ the matter of the use of such cases in determining employment status has been raised on multiple occasions at various Dáil Committees and elsewhere and my Department’s response remains unchanged. The Department has advised that it does not rely on test cases to determine the employment status of all workers in a sector in the manner suggested.
