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Social Welfare Appeals

Dáil Éireann Debate, Thursday - 8 March 2012

Thursday, 8 March 2012

Ceisteanna (106, 107)

Brendan Griffin

Ceist:

105 Deputy Brendan Griffin asked the Minister for Social Protection when disability allowance will be paid to a person (details supplied) in County Kerry; and if she will make a statement on the matter. [13344/12]

Amharc ar fhreagra

Freagraí scríofa

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. Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts. Following the submission of additional evidence the Appeals Officer proposes to re-open this case by way of an oral hearing. The person concerned will be informed when arrangements have been made. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Question No. 106 withdrawn.

Brian Walsh

Ceist:

107 Deputy Brian Walsh asked the Minister for Social Protection when a decision is expected to be made regarding a supplementary welfare allowance appeal in respect of a person (details supplied) in County Galway; and if she will make a statement on the matter. [13354/12]

Amharc ar fhreagra

The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 21st November 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 7th December 2011 and the appeal was assigned to an Appeals Officer for consideration. On reviewing the file, the Appeals Officer ascertained there was no statutory decision in this case, the decision was administrative only. As such the decision is not appealable to the Social Welfare Appeals Office and the person concerned is being informed. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

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