Dáil Éireann Debate, Thursday - 17 May 2018
254. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the action she will take in view of the decision in the case of a person (details supplied); when the widow's pension might be restored in view of the prospect of legal action; and if she will make a statement on the matter. [21918/18]
Amharc ar fhreagra255. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the action she will take in view of the decision in the case of a person (details supplied) who has been accused of cohabiting; and if she will make a statement on the matter. [21920/18]
Amharc ar fhreagraI propose to take Questions Nos. 254 and 255 together.
To qualify for a Widow’s, Widower’s or Surviving Civil Partner’s Non Contributory Pension, the applicant must be a widow, widower or a surviving civil partner, who is not involved in a cohabiting relationship. In the course of review and investigation of the continued eligibility for this pension, the customer herself advised the inspector that she was in a cohabiting relationship since August 2017 and signed a voluntary declaration to this effect.
As a result the applicant was advised of the decision to terminate her Widow’s, Widower’s or Surviving Civil Partner’s Non Contributory Pension due to the fact she was cohabiting. I note that the Deputy subsequently appealed this decision on behalf of the customer to the Social Welfare Appeals Office. The Social Welfare Appeals Officer concluded that cohabitation existed and disallowed the appeal. The applicant was advised of this decision on 27 April 2018.
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.
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 they believe the Appeals Officer’s decision to be incorrect having regard to his or her interpretation or application of the law or the facts.
I trust this clarifies the matter for the Deputy.
