Dáil Éireann Debate, Thursday - 28 September 2023
202. Deputy Darren O'Rourke asked the Minister for Social Protection when a decision will be made on the social welfare appeal of a person (details supplied) in County Meath; and if she will make a statement on the matter. [41941/23]
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 the original appeal by the person concerned was registered in that office on 10 September 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 12 January 2023.
The Appeals Officer having fully considered all of the available evidence, including that adduced at an in-person oral hearing held in February 2023, decided to disallow the appeal relating to the assessment of weekly means for the purposes of determining entitlement to Carer's Allowance. The person concerned was notified of the Appeals Officer's decision.
The Chief Appeals Officer has power under section 318 of the Social Welfare Consolidation Act, 2005 to revise any decision of an Appeals Officer where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.
I understand a request for such a review was made to the Chief Appeals Officer in April 2023. The necessary claim papers were again requested from the Department. The time taken to complete such reviews depends on the complexity of the case and the decision being appealed. The desire to process appeals quickly has to be balanced with the competing demand to ensure that decisions are consistent and of high quality and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice.
I am advised that the Section 318 review by the Chief Appeals Officer in this case has now been completed. Having carefully considered all of the available evidence, regrettably the Chief Appeals Officer found no reason to revise the original decision of the Appeals Officer. The outcome of the review was issued to the person concerned on the 26th September 2023 outlining in detail the manner in which the weekly means of the appellant were determined from the date of claim for Carers Allowance.
I am also advised that arrangements are being for the issue of a copy of the Social Welfare Inspector's report of 5 July 2022 to the person concerned.
I trust this clarifies the matter for the Deputy.
