The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. Appeals Officers are independent in their decision making functions.
The Appellant’s appeal of the Department’s decision to refuse her Domiciliary Care Allowance application was carefully considered by an Appeals Officer in accordance within the provisions of the Social Welfare Consolidation Act 2005, as amended (the "2005 Act") with guidance from the Medical Eligibility Guidelines for Domiciliary Care Allowance and they concluded, having regard to the totality of the evidence, that the Child in question did not meet the legislative threshold to be considered a ‘Qualified Child’ as per Section 1861(1) of the 2005 Act. The evidence presented and rationale for the Appeals Officer’s decision were set out in correspondence issued to the Appellant from the Social Welfare Appeals Office dated 23 November 2023.
The Deputy may be aware that an appeal outcome is final and conclusive as per Section 320 of the 2005 Act, however an Appellant may, subject to the relevant legislative provisions, request a review of an appeal outcome in light of new or additional evidence or if it is demonstrated that there was an error in fact or law with the original decision, as applicable.
I trust this clarifies the matter for the Deputy.
