The Social Welfare Appeals Office (SWAO) has advised me that the appellant was in receipt of illness benefit up to 15 December 2012 when her entitlement expired. She then applied for invalidity pension and this claim was disallowed from 21 December 2012 and this disallowance carried a right of appeal.
An appeal was received in the SWAO on 23 February 2012 which referred to her illness benefit claim, against which there is no statutory right of appeal. On this basis the appellant was informed on 26 March 2012 that there was no statutory right of appeal.
On receipt of this question, however, the SWAO checked with the Department and confirmed that the appellant has been disallowed Invalidity Pension and have accepted the letter which referred to illness benefit as an appeal against a disallowance of her claim to invalidity pension.
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. When received, the appeal in question will be referred to an Appeals Officer for consideration as to whether the case may be dealt with summarily based on the available documentary evidence or whether to hold an oral hearing.
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.