Dáil Éireann Debate, Tuesday - 1 May 2012
389 Deputy James Bannon asked the Minister for Social Protection the position regarding an appeal for illness benefit in respect of a person (details supplied) in County Westmeath; and if she will make a statement on the matter. [21798/12]
Amharc ar fhreagraPayment of illness benefit to the person concerned was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that he was capable of work. An appeal was registered on 5th March 2012 and the Social Welfare Appeals Office has advised me that, in accordance with statutory requirements, the Department was asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be notified when arrangements for the examination have been completed.
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.
390 Deputy James Bannon asked the Minister for Social Protection if he will provide an update on an appeal for carer’s allowance in respect of a person (details supplied); and if she will make a statement on the matter. [21801/12]
Amharc ar fhreagraThe person concerned was refused carer's allowance on the ground that the care recipient is not so disabled as to require full time care and attention as prescribed in regulations. She was notified of this decision and the reason for it. Additional medical evidence was received and forwarded to the Department's Medical Assessor (MA) for consideration. However, this information did not alter the opinion of the MA and the deciding officer's decision remained unchanged following this review.
She subsequently appealed this decision to the Social Welfare Appeals Office (SWAO). An appeals officer (AO), having fully considered all the evidence, disallowed the appeal of the person concerned and she was notified accordingly. The SWAO subsequently recalled her file on foot of further information received by them however, upon review, the AO decided that this information did not warrant a reversal of the original decision. The decision of an AO is final and may only be reviewed in light of new evidence or fresh facts being presented that were not to hand at the time of appeal.
392 Deputy Marcella Corcoran Kennedy asked the Minister for Social Protection the reason a person (details supplied) cannot appeal the decision and under what circumstances an appeal can be allowed after the 21 days has passed; and if she will make a statement on the matter. [21805/12]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that no appeal has been lodged in this case. The legislation provides that an appeal must be made within 21 days of the notification of the Deciding Officer's decision but may be accepted after this period with the approval of the Chief Appeals Officer. Factors to which the Chief Appeals Officer would have regard would include the reasons for the delay, the length of the delay, the question at issue, the prospects of success and the interests of justice.
