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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 20 October 2020

Tuesday, 20 October 2020

Ceisteanna (422)

Bernard Durkan

Ceist:

422. Deputy Bernard J. Durkan asked the Minister for Social Protection if a review will be undertaken into an application for an increase for qualified adult and children in the case of a person (details supplied); and if she will make a statement on the matter. [31552/20]

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Freagraí scríofa

I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision on 24 July 2020.

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.

I understand a request for such a review was made to the Chief Appeals Officer on 27 August 2020. The outcome of the review was that the Chief Appeals Officer upheld the decision of the Appeals Officer and the person concerned was notified accordingly on 2 September 2020. In further correspondence to the person concerned on 14 September 2020 he was advised that 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. He was also advised that he could refer the matter to the Office of the Ombudsman if he so wished.

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.

I trust this clarifies the matter for the Deputy.

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