Dáil Éireann Debate, Tuesday - 27 March 2018
585. Deputy Eugene Murphy asked the Minister for Employment Affairs and Social Protection if a person (details supplied) can further appeal their application for a State (contributory) pension; and if she will make a statement on the matter. [13738/18]
Amharc ar fhreagraI have been notified by the Social Welfare Appeals Office that an Appeals Officer having considered all of the available evidence before her, disallowed the state pension (contributory) appeal of the person concerned on 16th March 2017 on the grounds that the person concerned did not have sufficient reckonable contributions or credits over the period from their date of entry into insurable employment in 1967 to 2016 to qualify for a full pension. The person concerned was notified of the Appeals Officer’s decision on 22nd March 2017.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.
The Social Welfare Appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations 1998 (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.
Under the legislation, the decision of an Appeals Officer is final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act 2005 by an Appeals Officer in the light of new evidence or new facts. In this case, no further evidence relating to the insurance record of the person concerned has, to date, been submitted to the Appeals Office for further consideration.
The Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears to her that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts. A request for such a review by the Chief Appeals Officer may be made by writing to her at the Social Welfare Appeals Office, D’Olier House, D’Olier Street, Dublin 2. If the person concerned decides to take this course of action, it will be necessary for the person to set down specifically the reasons why he believes the Appeals Officer’s decision to be incorrect having regard to her interpretation or application of the law or the facts.
The Social Welfare Consolidation Act 2005 (Section 327) also provides that any person who is dissatisfied with either the decision of the Appeals Officer or of a revised decision made by the Chief Appeals Officer may appeal that decision or revised decision, as the case may be, to the High Court on any question of law.
I trust this clarifies the matter for the Deputy.
