John McGuinness
Ceist:1141. Deputy John McGuinness asked the Minister for Employment Affairs and Social Protection when restrictions allow, if an oral hearing can be arranged for a person (details supplied). [9418/20]
Amharc ar fhreagraWednesday, 3 June 2020
Ceisteanna (1141)
Freagraí scríofa
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all of the available evidence, decided to disallow the appeal of the person concerned by way of a summary decision. The person concerned was notified on 20 March 2020 of the Appeals Officer’s decision.
The Social Welfare Appeals Office has also advised me that an Appeals Officer has power under Section 317 of the Social Welfare Consolidation Act 2005 to revise any decision in the light of new evidence or new facts. If there is any new evidence or new facts pertinent to this case that were not brought to the attention of the Appeals Officer during the determination of the appeal, they may be submitted to the Appeals Office for consideration. As part of such consideration the Appeals Officer would determine whether an oral hearing would be appropriate, should the Covid-19 restrictions allow it to take place.
In addition, 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.
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.
I trust this clarifies the matter for the Deputy.