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Written Answers - Social Welfare Appeals

Thursday, 19 January 2012

Dáil Éireann Debate
Vol. 752 No. 2

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 141. Deputy Sandra McLellan Information on Sandra McLellan Zoom on Sandra McLellan  asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton  if she will expedite [350]an appeal for domiciliary allowance in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [3151/12]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 13th June 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 2nd August 2011 and the appeal was assigned to an Appeals Officer on 4th January 2012 who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

 142.  Deputy Brendan Smith Information on Brendan Smith Zoom on Brendan Smith  asked the Minister for Social Protection Information on Joan Burton Zoom on Joan Burton  when an appeal will be determined in respect of a person (details supplied) in County Cavan; and if she will make a statement on the matter. [3153/12]

Minister for Social Protection (Deputy Joan Burton): Information on Joan Burton Zoom on Joan Burton An application for invalidity pension, by the person concerned, was disallowed by a Deciding Officer of the Department on 6th September 2011. I am informed by the Social Welfare Appeals Office that there is no trace of appeal against this decision by the person concerned.

In the normal course, an appeal against the decision of a Deciding Officer must be made within 21 days of a decision being notified. Appeals received outside of this time limit may be accepted at the discretion of the Chief Appeals Officer. This limit is not rigidly enforced but in view of the length of time which has elapsed since the person concerned was notified of the decision and in the absence of any explanation for the failure to make the appeal within the prescribed time, it is considered that the acceptance of an appeal would not be warranted at this late stage.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.


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