When is a Decision not a Decision? Supreme Court finds that the refusal of a Deciding Officer to revise an earlier decision may be subject to a Social Welfare Appeal

The Supreme Court has reversed earlier decisions of the High Court and Court of Appeal, in relation to the nature of the decisions which may be appealed to the Social Welfare Appeals Office. In her judgment of 21 May 2021 in McDonagh v Chief Appeals Officer & The Minister for Social Protection [2021] IESC 33, Ms Justice Dunne held that the refusal of a Deciding Officer to revise an earlier decision is, in itself, a decision that may be subject to an appeal.

In reaching her decision, Dunne J held that a “purposive approach” should be taken to the interpretation of the Social Welfare Consolidation Act 2005 (“the 2005 Act”) in light of its status as a “social remedial statute”. The Appellant’s solicitors, KOD Lyons, have also published a recent blog in relation to the decision.

Read the full article on the FLAC.ie site