Jackie Cahill
Ceist:229. Deputy Jackie Cahill asked the Minister for Social Protection when the oral appeal for a person (details supplied) will be heard; and if she will make a statement on the matter. [17103/24]
Amharc ar fhreagraThursday, 18 April 2024
Ceisteanna (229)
Freagraí scríofa
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.
I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the Disability Allowance appeal of the person concerned by way of summary decision on the 27 October 2023.
Under Social Welfare legislation, the decision of the Appeals Officer is 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 the appeal was assigned to another Appeals Officer to review.
Regulation 13 of S.I. No. 108/1998 (Social Welfare (Appeals) Regulations 1998) gives an Appeals Officer the power to determine a case where he or she is of the opinion that the case is of such a nature that it can properly be determined without a hearing. The Appeals Officer has determined that an oral hearing is not required in this case and is proceeding with the review. The person will be advised of the outcome as soon as the review is completed.
I trust this clarifies the matter for the Deputy.