The Social Welfare Appeals Office has advised me that 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. On receipt of an appeal in the Social Welfare Appeals Office, the appeal is returned to the local office or line section for this purpose. On occasion, appellants bring their appeal to the local office for forwarding to the Appeals Office. To short circuit the process described above, the Deciding Officer will examine the grounds of appeal and if appropriate revise the original decision. In the event that the original decision is not being upheld, a submission is prepared and submitted with the appeal and the claim papers to the Social Welfare Appeals Office.
In this case, the appeal from the person concerned was received in the local office in March. There was a subsequent need to refer it to an Inspector to establish if the points raised in the appeal warranted a change in the decision. The Deciding Officer decided not to change the original decision and the papers were received in the Social Welfare Appeals Office on 19th June 2012. The case will now be referred to an Appeals Officer who will make a summary decision on the appeal based on the documentary evidence presented or, if required, 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.
