Pat Rabbitte
Question:31 Mr. Rabbitte asked the Minister for Social, Community and Family Affairs his plans to re-examine the concept of a fully independent social welfare appeal system based on legislation. [31620/01]
Written Answers. - Social Welfare Appeals.
Every person who is dissatisfied with a decision on a claim to social welfare payment made by a deciding officer of my Department or with certain decisions made by health boards in regard to supplementary welfare allowance has a statutory right to appeal. This statutory social welfare appeals process is administered by the social welfare appeals office which, since 1990, operates independently of the Department.
The appeals officers have always been independent in the exercise of their functions. However, in 1990, in line with a commitment in the Programme for National Recovery, the social welfare appeals office itself was established as an independent and separately managed office with a separate executive.
Prior to 1990, appeals were made to the Minister and administered by the Department. Since 1990, appeals are made directly to the chief appeals officer and are administered by the social welfare appeals office.
Provision for the operation of the social welfare appeals process is already in legislation. The statutory basis for the system is contained in Part VII of the Social Welfare (Consolidation) Act, 1993 and in regulations made under the provisions of that Act. This legislation provides for the appointment of appeals officers and for various other procedures and powers necessary for the operation of the system. The legislation also outlines the powers and duties of the chief appeals officer.
The social welfare appeals system is a quasi-judicial one and the procedures involved are designed to ensure that every appellant's case gets full and fair consideration. The system is accessible and informal which gives it significant advantages in terms of providing the best possible service for social welfare customers. In the exercise of their statutory functions, appeals officers are fully independent, a fact which has been recognised and commented on by the courts.
The office publishes an annual report containing a commentary on trends in appeals and the reason for the incidence of certain types of appeals and highlighting, where necessary, the need for legislative change to remove anomalies and inequities. This report is laid before both Houses of the Oireachtas.
Surveys conducted by the office indicate that it continues to satisfactorily meet the purposes for which it was established. However, the office is now over ten years in operation and the executive of that office considers it opportune to have a consultancy study undertaken of the role, functions and organisation of the office. This study will include examination of its relationship with its various customers and examination of all the processes involved in dealing with claims to the appeals stage.
I am satisfied that the measures introduced in 1990 to separate clearly the appeals function from the Department by setting it up as a separate executive office have worked very well and that the office is effectively discharging its functions within the present statutory provisions. I do not have any plans for legislative change at this time.