Dáil Éireann Debate, Wednesday - 30 May 2018
215. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection the provisions, legal or otherwise, whereby a deciding officer can issue a decision in respect of section 302(b) of the Social Welfare Consolidation Act 2005 as amended in respect of the same appeal (details supplied); and if she will make a statement on the matter. [23906/18]
Amharc ar fhreagra216. Deputy Sean Fleming asked the Minister for Employment Affairs and Social Protection if an appeals officer is also considered to be a deciding officer; if there are differences in respect of the aforementioned officers and their remits; the details of the differences; and if she will make a statement on the matter. [23907/18]
Amharc ar fhreagraI propose to take Questions No. 215 and 216 together.
Part 10 of the Social Welfare Consolidation Act, 2005 (as amended) sets down the roles, powers and functions of deciding officers and appeals officers. Deciding officers are appointed by the Minister under section 299 of the Act. Section 301 of the Act provides for the questions which shall be decided by a deciding officer.
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 in relation to social welfare entitlements. Appeals Officers are appointed by the Minister under section 304 of the Act.
Section 302 of the Act provides for the effective date of revised decisions. The effective date can be the date of a previous decision, the date of some new fact or evidence of a change of circumstances or a current date.
Section 302(a) relates to situations where there is evidence that the person deliberately gave false or misleading information or deliberately concealed relevant information. When a revised decision is made under section 302(a) it must take effect retrospectively.
Section 302(b) is invoked where new facts or new evidence have come to light but there is no evidence that the person deliberately gave false or misleading information or deliberately concealed relevant facts. Under this provision a deciding officer has the power to determine the effective date of a revised decision, having regard to the new facts or new evidence and to the circumstances of the case. In cases where the effect of the revised decision is to reduce or disallow a payment but the revised decision is made effective from a current date there is no overpayment.
In accordance with section 311(3) of the Act an appeals officer, when deciding a question shall not be confined to the grounds on which the decision of the deciding officer was based, but may decide the question as if it were being decided for the first time. This means that an appeals officer when determining an appeal can decide that section 302(b) instead of section 302(a) is the appropriate provision for that case.
I trust this clarifies the matter for the Deputy.
