Dáil Éireann Debate, Wednesday - 19 December 2018
554. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the steps she can take to ensure the minimum waiting time for dealing with appeals having particular regard to the hardship caused to those awaiting decisions over long periods resulting in some cases homelessness and desperation; and if she will make a statement on the matter. [53836/18]
View answerThe average appeal processing times for all appeals determined to the end of November 2018 broken down by all social welfare scheme types is outlined in the table below.
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.
All claim decisions taken by the Department’s Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded by the Department and just 1% are appealed. Nevertheless, the Department is concerned that these cases are dealt with as quickly as possible.
Accordingly, significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times in respect of all schemes improved between 2011 and 2017 from 52.5 weeks for an oral hearing in 2011 to 26.4 weeks in 2017 and from 25.1 weeks for a summary decision in 2011 to 19.8 weeks in 2017. The corresponding processing times for the period January to November 2018 are 30.1 weeks for an oral hearing and 25.1 weeks for a summary decision.
The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with appeals officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the High Court and decisions have to be formally written up to quasi-judicial standards. Other factors that influence appeals processing times include the quality of the initial decision – in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. I expect that this will help to reduce the number of appeals over time.
In addition, a number of new Appeals Officers have joined the Appeals Office over the past 12-18 months, to replace staff leaving on retirement. Given the complexity of the appeals process it takes some time for new staff to be trained up and develop expertise and this has led to somewhat longer processing times during this period. The Chief Appeals Officer has advised me that appeal processing times continue to be a priority for her Office.
Finally, where a claimant has been refused a social welfare payment, regardless of the scheme involved, and is appealing that decision, if their means are insufficient to meet their needs it is open to them to apply for supplementary welfare allowance in the interim.
If their application for supplementary welfare allowance is refused, they can also appeal that decision. The supplementary welfare allowance appeal will be prioritised for attention within the Appeals Office as soon as the appeal file and submission is received from my Department.
I trust this clarifies the matter for the Deputy.
Appeal Processing Times by Scheme 1 January 2018 – 30 November 2018
|
- |
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
Blind Person’s Pension |
34.2 |
24.1 |
|
Carer’s Allowance |
24.2 |
28.5 |
|
Carer’s Benefit |
22.3 |
25.5 |
|
Child Benefit |
36.0 |
43.1 |
|
Disability Allowance |
17.4 |
23.9 |
|
Illness Benefit |
30.7 |
36.5 |
|
Partial Capacity Benefit |
32.6 |
29.7 |
|
Domiciliary Care Allowance |
31.7 |
36.4 |
|
Deserted Wife’s Allowance |
70.6 (1 case) |
- |
|
Deserted Wife’s Benefit |
- |
69.1 (5 cases) |
|
Farm Assist |
42.0 |
41.6 |
|
Bereavement Grant |
36.1 |
- |
|
Working Family Payment |
29.7 |
40.1 |
|
Invalidity Pension |
24.4 |
30.1 |
|
Liable Relatives |
44.0 |
30.7 |
|
Maternity Benefit |
30.4 |
30.7 |
|
Paternity Benefit |
32.7 |
23.0 |
|
One Parent Family Payment |
32.0 |
36.8 |
|
State Pension (Contributory) |
39.3 |
50.8 |
|
State Pension (Non-Contributory) |
31.8 |
43.2 |
|
Occupational Injury Benefit |
36.4 |
50.7 |
|
Disablement Pension |
34.3 |
33.1 |
|
OIB-Medical Care |
17.5 |
- |
|
Incapacity Supplement |
38.7 |
29.7 |
|
Guardian's Payment (Contributory) |
29.8 |
28.9 |
|
Guardian's Payment (Non-Con) |
17.2 |
29.6 |
|
Jobseeker's Allowance (Means) |
32.1 |
37.2 |
|
Jobseeker's Allowance (Payments) |
25.2 |
31.3 |
|
BTW Family Dividend |
30.8 |
- |
|
Jobseeker's Transitional |
30.7 |
30.8 |
|
Recoverable Benefits & Assistance |
34.9 |
- |
|
Pre-Retirement Allowance |
64.0 (1 case) |
29.9 |
|
Jobseeker's Benefit |
25.1 |
28.9 |
|
Carer’s Support Grant |
28.3 |
32.8 |
|
Insurability of Employment |
53.8 |
65.0 |
|
Supplementary Welfare Allowance |
21.2 |
29.5 |
|
Widow/Widower's Pension (Contributory) |
35.0 |
33.3 |
|
Widow/Widower's Pension (Non-Contributory) |
29.9 |
25.7 |
|
Widowed Parent Grant |
45.1 |
43.7 |
|
All Appeals |
25.1 |
30.1 |
