Kathleen Funchion
Question:91. Deputy Kathleen Funchion asked the Minister for Social Protection if a person (details supplied) can have an oral hearing for a carer’s allowance appeal. [15524/24]
View answerWednesday, 10 April 2024
Questions (91)
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 the evidence, disallowed the appeal of the person concerned by way of summary decision on the 27 February 2024.
The Social Welfare Appeals system is underpinned by legislation in Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98). 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 in the light of new evidence or new facts. New facts or evidence may consist of material or evidence which, although it existed before the appeal decision was made, was not before the Appeals officer at the time the appeal decision was made.
The Social Welfare Appeals Office has noted the Deputy's request for an oral hearing. In advance of an oral hearing, the person concerned will be contacted to specify the new facts or evidence they wish to provide which were not before the Appeals Officer when the summary decision was made.
I trust this clarifies the matter for the Deputy.