Dáil Éireann Debate, Tuesday - 11 October 2022
478. Deputy Richard Boyd Barrett asked the Minister for Social Protection if an applicant has a right to an oral hearing when requesting an appeal of a social welfare decision; and if she will make a statement on the matter. [49474/22]
Amharc ar fhreagraThe Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
In the case of an appeal against the decision of a Deciding Officer/Designated Person, the Department is required furnish to the Chief Appeals Officer a statement, showing to what extent the facts and contentions advanced in the grounds of appeal are admitted or disputed.
On receipt of the submission from the Department the question at issue is referred to an Appeals Officer for determination. Under social welfare legislation where the Appeals Officer is of the opinion that the appeal can be determined on the basis of the documentary evidence and without the need for an oral hearing, she or he may determine the appeal summarily.
Where the Appeals Officer considers that an oral hearing is required to determine the question at issue, she or he will arrange for an oral hearing of the appeal. Oral hearings are held online, by phone or in-person.
There is no absolute right to an oral hearing and a request for an oral hearing will not be necessarily granted in all cases. It is therefore important that all evidence relevant to the appeal be submitted.
In practice, in forming an opinion as to whether an appeal can properly be determined without an oral hearing an Appeals Officer will have regard to:
- the overall nature of the appeal and the question to be determined,
- any request that has been made for an oral hearing,
- whether there are unresolved conflicts in the documentary evidence presented by the parties as to any matter essential to the determination of the appeal,
- whether there are any disputes as to the facts or differing professional opinions.
This is not an exhaustive list and as an Appeals Officer may determine an appeal on a summary basis it is important that all the documentary evidence and grounds relied on are submitted with the notice of appeal.
I trust this clarifies the matter for the Deputy.
