Dick Spring
Question:77 Mr. Spring asked the Minister for Social, Community and Family Affairs his proposals in relation to placing the social welfare appeals system on a statutory basis. [6627/02]
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.
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 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, a fact which has been recognised and commented on by the courts. 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.
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.