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Social Welfare Appeals Data

Dáil Éireann Debate, Tuesday - 20 February 2018

Tuesday, 20 February 2018

Questions (578)

Bernard Durkan

Question:

578. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the applications for various social welfare payments which are most commonly refused on application and referred to appeal or oral hearing; the number of cases subsequently rejected or approved on appeal; and if she will make a statement on the matter. [8814/18]

View answer

Written answers

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 tables below provide the details which have been requested by the Deputy in respect of 2016 and 2017.

The schemes with the highest number of appeals to the Social Welfare Appeals Office in 2016 and in 2017 were - disability allowance (4,912 in 2016/5,077 in 2017), carer’s allowance (3,887 in 2016/3,200 in 2017), jobseeker’s allowance - means (2,050 in 2016/1,504 in 2017), jobseeker’s allowance - payments (2,031 in 2016/1,676 in 2017), supplementary welfare allowance (1,970 in 2016/1,302 in 2017), invalidity pension (1,362 in 2016/1,381 in 2017) and domiciliary care allowance (1,198 in 2016/1,199 in 2017).

Details of appeal outcomes for the above schemes are set out in the tables below. Overall, 59.2% of the 23,220 appeals which were finalised in 2016 had a favourable outcome for the appellant, i.e. were either allowed in full or in part, or resolved by way of a revised decision by a Deciding Officer/Designated Person. 60.1% of the 18,980 appeals finalised in 2017 had a favourable outcome for the appellant.

Of the 16,990 appeals which were finalised by Appeals Officers in 2016, 6,527 (38.4%) were determined following an oral hearing. 4,251 (65.1%) of these had a favourable outcome for the appellant. Of the 13,556 appeals finalised by Appeals Officers in 2017, 5,412 (39.9%) were determined following an oral hearing. 3,444 (63.6%) of these had a favourable outcome for the appellant.

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 wrong.

Where new evidence is provided with an appeal the original decision may be revised by the Deciding Officer or Designated Person as was the case in some 37 per cent of favourable appeal outcomes in both 2016 and 2017. Where the decision was not revised in 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 the oral hearing which may influence the outcome of the appeal.

Decisions concerning entitlement to a social welfare payment or insurability of employment often require a high level of judgment and may involve complex legal questions. The Courts have found that decision makers are required to be free and unrestricted in discharging their functions.

Where an appellant requests an oral hearing, the request is generally granted unless the Appeals Officer is of the opinion that the appeal can be allowed on a summary basis, or where there is clearly nothing to be gained by granting an oral hearing, for example where the appeal question relates to contribution conditions or means and the underlying PRSI contribution figures or means are not disputed. Social Welfare legislation provides that an Appeals Officer may determine an appeal without an oral hearing where s/he is of the opinion that it can be determined fairly on the basis of the documentary evidence provided. In general, where there is a conflict in the documentary evidence presented, an Appeals Officer will convene an oral hearing in order to explore the evidence and seek to resolve any conflict.

I trust this clarifies the matter for the Deputy.

Appeal Receipts 2016 – 2017

2016

2017

Adoptive Benefit

-

2

Blind Person’s Pension

13

19

Carers Allowance

3,887

3,200

Carers Benefit

95

110

Child Benefit

595

473

Disability Allowance

4,912

5,077

Illness Benefit

819

443

Death Benefit

1

-

Partial Capacity Benefit

42

38

Domiciliary Care Allowance

1,198

1,199

Deserted Wives Benefit

7

7

Deserted Wives Allowance

-

1

Farm Assist

196

130

Bereavement Grant

3

1

Family Income Supplement

510

477

Invalidity Pension

1,362

1,381

Liable Relatives

23

9

Maternity Benefit

87

84

Paternity Benefit

1

16

One Parent Family Payment

313

244

State Pension (Contributory)

366

408

State Pension (Non-Contributory)

397

370

State Pension (Transition)

2

    3

Occupational Injury Benefit

56

51

Disablement Pension

298

347

Occupational Injury-Medical Care

4

2

Incapacity Supplement

9

7

Guardian's Payment (Con)

38

34

Guardian's Payment (Non-Con)

17

16

Jobseeker's Allowance (Means)

2,050

1,504

Jobseeker's Allowance

2,031

1,676

Pre-Retirement Allowance

-

2

BTW Family Dividend

52

43

Jobseeker's Transitional

43

41

Recoverable Benefits & Assistance

24

25

Jobseeker's Benefit

637

545

Treatment Benefit

5

1

Carer’s Support Grant *

164

164

Insurability of Employment

151

132

Supplementary Welfare  Allowance

1,970

1,302

Survivor's Pension (Con)

49

45

Survivor's Pension (Non-con)

26

23

Widows Parent Grant

8

6

All Appeals

22,461

19,658

* Previously called Respite Care Grant

table contd.

Outcome of Disability Allowance Appeals 2016-2017

Appeals Finalised

Revised Deciding Officers Divisions

Appeals allowed by Appeals Officer

Appeals Partly Allowed by Appeals Officers

Appeals Disallowed by Appeals Officers

Withdrawn

2016

5,175

815

2,830

88

1,367

75

2017

4,934

563

2,975

70

1,211

115

Outcome of Carer's Allowance Appeals 2016-2017

Favourable Decisions

Appeals Finalised

Revised Deciding Officers Decisions

Appeals Allowed by Appeals Officers

Appeals Partly Allowed By Appeals Officers

Appeals Disallowed by Appeals Officers

Withdrawn

2016

3,624

815

1,375

145

1,237

52

2017

3,416

780

1,204

161

1,199

72

Outcome of Jobseeker's Allowance (Means) Appeals 2016-2017

Favourable Decisions

Appeals Finalised

Revised Deciding Officers Decisions

Appeals Allowed by Appeals Officers

Appeals Partly Allowed by Appeals Officers

Appeals Disallowed by Appeals Officers

Withdrawn

2016

2,159

338

287

120

1,216

198

2017

1,453

264

187

82

708

212

Outcome of Jobseeker's Allowance (Payments) Appeals 2016-2017

Favourable Decisions

Appeals Finalised

Revised Deciding Officers Decisions

Appeals Allowed by Appeals Officers

Appeals Partly Allowed by Appeals Officers

Appeals Disallowed by Appeals Officers

Withdrawn

2016

2,033

324

525

98

945

141

2017

1,573

309

349

66

665

184

Outcome of Supplementary Welfare Allowance Appeals 2016-2017

Favourable Decisions

Appeals Finalised

Revised Deciding Officers Decisions

Appeals Allowed by Appeals Officers

Appeals Partly Allowed by Appeals Officers

Appeals Disallowed by Appeals Officers

2016

2,032

346

532

75

923

156

2017

1,349

229

304

34

602

180

Outcome of Invalidity Pension Appeals 2016-2017

Favourable Decisions

Appeals Finalised

Revised Deciding Officers Decisions

Appeals Allowed by Appeals Officers

Appeals Partly Allowed by Appeals Officers

Appeals Disallowed by Appeals Officers

Withdrawn

2016

1,654

642

682

10

302

18

2017

1,348

691

365

  7

262

23

Outcome of Domiciliary Care Allowance Appeals 2016-2017

Favourable Decisions

Appeals Finalised

Revised Deciding Officers Decisions

Appeals Allowed

Appeals Partly Allowed

Appeals Disallowed

Withdrawn

2016

1,344

469

596

18

250

11

2017

   801

343

297

10

135

16

Number and Outcomes of Appeals determined following Oral Hearings 2016

Allowed

Partially allowed

Disallowed

No. of Oral Hearings

Blind Person’s Pension

3

-

2

5

Carers Allowance

844

85

550

1,479

Carers Benefit

8

2

5

15

Child Benefit

23

12

34

69

Disability Allowance

1,305

51

487

1,843

Illness Benefit

82

3

68

153

Partial Capacity Benefit

5

-

5

10

Domiciliary Care Allowance

263

7

109

379

Deserted Wives Benefit

4

1

3

8

Farm Assist

23

26

29

78

Liable Relatives

-

-

1

1

Family Income Supplement

32

5

20

57

Invalidity Pension

347

4

109

460

Maternity Benefit

9

1

4

14

One Parent Family Payment

49

15

50

114

State Pension (Contributory)

16

6

32

54

State Pension (Non-Contributory)

45

20

53

118

State Pension (Transition)

1

1

1

3

Occupational Injury Benefit

9

1

6

16

Disablement Pension

101

10

63

174

Incapacity Supplement

1

1

3

5

Guardian's Payment (Con)

9

1

5

15

Guardian's Payment (Non-Con)

8

1

2

11

Jobseeker's Allowance (Means)

136

56

182

374

Jobseeker's Allowance

225

59

221

505

Jobseeker's Transitional

3

1

8

12

Recoverable Benefits & Assistance

1

-

2

3

Jobseeker's Benefit

54

14

41

109

Carer’s Support Grant *

20

2

11

33

Insurability of Employment

17

2

28

47

Supplementary Welfare  Allowance

178

25

133

336

Survivor's Pension (Con)

9

5

6

20

Survivor's Pension (Non-con)

3

1

2

6

Widows Parent Grant

-

-

1

1

All Appeals

3,833

418

2,276

6,527

* Previously called Respite Care Grant

Number and Outcome of Appeals Determined following Oral Hearings 2017

Allowed

Partially Allowed

Disallowed

No. of Oral Hearings

Blind Person’s Pension

1

1

-

2

Carers Allowance

831

100

555

1,486

Carers Benefit

11

2

10

23

Child Benefit

35

7

30

72

Disability Allowance

1,077

35

433

1,545

Illness Benefit

78

6

81

165

Partial Capacity Benefit

5

1

5

11

Domiciliary Care Allowance

167

9

63

239

Deserted Wives Benefit

1

1

1

3

Farm Assist

17

12

26

55

Liable Relatives

-

2

2

4

Family Income Supplement

25

6

37

68

Invalidity Pension

187

4

78

269

Maternity Benefit

3

-

4

7

One Parent Family Payment

36

13

23

72

State Pension (Contributory)

14

9

45

68

State Pension (Non-Contributory)

40

23

35

98

State Pension (Transition)

-

-

1

1

Occupational Injury Benefit

-

-

7

7

Disablement Pension

58

14

44

116

Occupational Injury-Medical Care

-

-

1

1

Incapacity Supplement

3

1

1

5

Guardian's Payment (Con)

9

-

4

13

Guardian's Payment (Non-Con)

3

-

2

5

Jobseeker's Allowance (Means)

111

50

144

305

Jobseeker's Allowance

171

33

165

369

Jobseeker's Benefit

25

9

35

69

Jobseeker's Transitional

4

3

-

7

BTW Family Dividend

1

-

1

2

Carer’s Support Grant *

18

1

18

37

Insurability of Employment

22

3

10

35

Supplementary Welfare  Allowance

122

15

96

233

Survivor's Pension (Con)

3

-

5

8

Survivor's Pension (Non-con)

3

3

6

12

All Appeals

3,081

363

1,968

5,412

* Previously called Respite Care Grant

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