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, has decided to disallow the appeal of the person concerned. The person concerned has been notified of the Appeals Officer’s decision.
Under social welfare legislation a decision of an Appeals Officer is generally final and conclusive. However, it may be reviewed by an Appeals Officer under Section 317 of the Social Welfare Consolidation Act 2005 in the light of new evidence or new facts which were not before the Appeals Officer when they made their decision which had they have been, it would have rendered the decision erroneous.
If the named person wishes to request a review of the Appeals Officer’s decision under Section 317 of the Social Welfare (Consolidation) Act 2005, they must specify what new facts or evidence they wish to adduce which were not before the Appeals Officer when they made their decision.
I trust this clarifies the matter for the Deputy.