appealing administrative decisions social welfare

[dubdoyle123]

I have recently been refused an exemption (3rd) from illness benefit and it said, no right to appeal as this was an administrative decision. I asked for this to be reviewed, and sent off with this letter from my GP and my consultant both of whom stated this would benefit me (health-wise) enormously,I received a letter from Illness benefit telling me to go for medical assessment and the doctor there informed me she felt I was unfit for work, and the option of exemption was nothing to do with her, but she did agree to continue doing what I am doing would be beneficial to my overall health. I went to my local social welfare office today to ask for information on my review, as the exemptions office do not answer telephones!! the lady I spoke to in this office telephoned exemptions and they told her No, this exemption would not be allowed, and I would get a letter from them soon stating same. Can this decision be appealed, I have been told this is an administrative decision and cannot be. I have done 2 years of a 3 year course which would enable me to return to full time employment on completion. Is this a guideline procedure, or is there any other way I can obtain the reasons for this decision? I feel this is most unfair and unjust that there are no appeals allowed.

 

[markell50]

Hi dubdoyle.
Normally when exemptions are granted, it is for the "duration of the course". When your original application was processed would it not have indicated or requested from you the course title, location of course and duration? If the course has a duration of 3 years, it would appear that it is unusual for welfare to be seeking a new application for each year of the course.
Additionally, there is a review procedure carried out by the Ombudsman re: administrative functions which can be accesses at: http://www.ombudsman.gov.ie/en/MakeaComplaint/
Furthermore, as you are classified as unfit for work due to illness/injury, you may be able to avail of provisions in the Disability Act 2005.
http://www.ombudsman.gov.ie/en/DisabilityAct2005/
Good luck,
Markell