John McGuinness
Question:265. Deputy John McGuinness asked the Minister for Social Protection if an application for an invalidity pension (details supplied) can be expedited and approved. [7148/24]
View answerThursday, 15 February 2024
Questions (265)
Written answers
The 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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified of the Appeals Officer’s decision on 26th September 2023.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under section 317 of the Social Welfare Consolidation Act, 2005 by an Appeals Officer in the light of new evidence or new facts.
I am advised that new evidence has been submitted to the Social Welfare Appeals Office and that the case was assigned to an Appeals Officer for a Section 317 review on 29th November 2023.
The Appeals Officer has been contacted on this matter and has confirmed that the appeal will be dealt with as soon as possible.
I trust this clarifies the matter for the Deputy.