I am advised by my Department that it does not hold records of the number of carer’s allowance cases where the decision of the Deciding Officer is reviewed and subsequently overturned without recourse to appeal.
The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The following table provides the details of the outcome of carer’s allowance appeals for the years 2010 to 2017 and to the end of September 2018.
The appeals which had a favourable outcome for the appellant consist of appeals which were either allowed in full or in part by an Appeals Officer, or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was incorrect. It is often the case that new evidence is provided with an appeal and that, as a result, the original decision may be revised by the Deciding Officer or Designated Person. This was the case in 37.1% of favourable appeal outcomes (appeals in respect of all schemes) in 2016, 37.6% of such outcomes in 2017 and 31.9% of such outcomes to the end of September 2018.
Where the decision was not revised by the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and in addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.
I trust this clarifies the matter for the Deputy.
Outcome of Carer’s Allowance Appeals 2010– 2017
-
|
Appeals Finalised
|
Revised Deciding Officer Decisions
|
Appeals Allowed by Appeals Officers
|
Appeals Partly Allowed by Appeals Officers
|
Appeals Disallowed by Appeals Officers
|
Withdrawn
|
2010
|
2,219
|
695
|
464
|
56
|
939
|
65
|
2011
|
3,197
|
618
|
726
|
117
|
1,645
|
91
|
2012
|
2,057
|
452
|
651
|
135
|
786
|
33
|
2013
|
3,722
|
1,040
|
990
|
131
|
1,505
|
56
|
2014
|
3,386
|
463
|
1,240
|
177
|
1,451
|
55
|
2015
|
3,491
|
579
|
1,352
|
155
|
1,355
|
50
|
2016
|
3,624
|
815
|
1,375
|
145
|
1,237
|
52
|
2017
|
3,416
|
780
|
1,204
|
161
|
1,199
|
72
|
2018 (to 30/9/2018)
|
1,913
|
297
|
745
|
99
|
701
|
71
|