Dáil Éireann Debate, Wednesday - 1 February 2023
151. Deputy Pádraig O'Sullivan asked the Minister for Social Protection when a decision will be made on a disability allowance section 317 review for a person (details supplied); and if she will make a statement on the matter. [4842/23]
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.
The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 18 July 2022. It is a statutory requirement of the appeals process that the relevant papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought from the Department of Social Protection. These papers were received in the Social Welfare Appeals Office on 16 August 2022 and the case was referred to an Appeals Officer on 19 August 2022. Having fully considered all the evidence, the Appeals Officer disallowed the appeal of the person concerned by way of summary decision on 18 October 2022.
Under social welfare legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed by an Appeals Officer in the light of new evidence or new facts. I am advised that the person concerned subsequently submitted additional evidence and that the Appeals Officer agreed to review the appeal decision on foot of this additional evidence under Section 317 of the Social Welfare Consolidation Act 2005.
The Appeals Officer, having fully considered all of the available evidence, decided to allow the appeal. The person concerned was notified of the Appeals Officer’s decision on 25 January 2022.
I trust this clarifies the matter for the Deputy.
