Dáil Éireann Debate, Wednesday - 1 October 2025
104. Deputy Aengus Ó Snodaigh asked the Minister for Social Protection if a person is unhappy with a section 318 review by the Chief Appeals Officer, the next course of action for the person; and if he will intervene in the decision [52368/25]
Amharc ar fhreagraAppeals Officers of the Department, including the Chief Appeals Officer, are required under legislation to act independently in the exercise of the functions conferred on them in law. Accordingly it would be inappropriate for me, or any Minister, to seek to intervene in a decision that they are asked to make.
There are a number of options available to a person who is dissatisfied with a decision of an appeals officer. These are set out in legislation.
With respect to the specific issue raised in the question, Section 318 of the Social Welfare Consolidation Act provides that the Chief Appeals Officer may, at any time, revise any decision of an Appeals Officer where it appears to the Chief Appeals Officer that the decision was erroneous by reason of some mistake having been made in relation to the law or the facts.
Where the Chief Appeals Officer declines to revise the Appeals Officer's decision, and the person remains dissatisfied, section 327 of the Social Welfare Consolidation Act 2005 provides that the decision may be appealed to the High Court on any question of law.
A judicial review may also be initiated, if deemed appropriate.
Alternatively, if there are new facts or new evidence, which were not presented with the original appeal or to the Chief the Appeals Officer at the time of the Section 318 review and which are relevant at the date the claim was made, the person may request a further review of the appeal decision under Section 317 of the Social Welfare Consolidation Act.
I trust this clarifies the matter for the Deputy.
