Claire Kerrane
Ceist:433. Deputy Claire Kerrane asked the Minister for Social Protection if her Department provides written decisions to claimants in which a payment they have been receiving has been suspended. [5642/21]
Amharc ar fhreagraWednesday, 3 February 2021
Ceisteanna (433)
Freagraí scríofa
All decisions made by deciding officers and designated persons of my Department in relation to entitlement to social welfare payments are bound by the relevant provisions of the Social Welfare Consolidation Act, 2005 (as amended) and associated regulations. The legislation provides for a transparent and fair decision making process in conjunction with the control of social welfare schemes. Every claimant is entitled to have their claim considered in the context of determinations of entitlement under the relevant social welfare legislation and in accordance with the principles of natural justice. A deciding officer or designated person may at any time revise any decision by reason of an error having been made in relation to the law or facts or in light of new evidence or facts brought to his or her attention since the date on which the original decision was made.
The legislation provides that any unfavourable statutory decision made by a deciding officer or designated person must be communicated in writing to the claimant outlining the reasons for the decision.
Generally payments are not suspended without the claimants advance knowledge and only where there is a valid reason for doing so. For example a payment might be suspended for failure on the claimants part to sign a declaration of unemployment or to reply to a request from my Department for information in order to progress a claim review or investigation.
Under the principles of natural justice where a person may be adversely affected by a decision to suspend their payment, the Department will provide the individual with an opportunity to refute or comment on any evidence or facts used in making such a determination. In such situations where the customer does not engage with the Department they are advised in writing that their payment may be suspended.
It is open to any person to request a review of any statutory decision made by my Department and any new evidence or information provided to the Department will be considered as part of this review. Under the provisions of Section 311 of the Social Welfare Consolidation Act, 2005 if a person is dissatisfied with the outcome of this review they can submit a request for an independent appeal of the decision to the Social Welfare Appeals Office.
I trust this clarifies the matter for the Deputy.