Dáil Éireann Debate, Thursday - 7 October 2021
290. Deputy Cathal Berry asked the Minister for Social Protection the extent to which the processing of appeals for the carer’s and disability allowance is in line with the most expeditious practice; and if she will make a statement on the matter. [49083/21]
View answerThe Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
The tables below provide details of the processing of appeals for Carer's Allowance and Disability Allowance for 2020 and to the end of September 2021.
The time taken to process an appeal reflects all aspects of the appeal process including the time spent in the Department reviewing the decision in light of the appeal contentions and/or preparing the appeal submission. Some 20% of cases will be revised in favour of the appellant as a result of this review process. In some cases, further investigation may be required at this point (e.g. in relation to means or medical issues) and this can add to the time taken to process an appeal.
The appeals process is a quasi-judicial process with Appeals Officers being required to decide all appeals on a ‘de-novo’ basis. Appeal decisions are subject to review by the High Court. The nature of the appeals process impacts on the processing times which are proportionate to the complexity of many of the issues under appeal which often require a high level of judgement in addition to the need to ensure due process and natural justice.
Appeals may be determined on a summary basis or by means of an oral hearing. Where an oral hearing is required the logistics involved in scheduling the hearing and giving the appellant and any other witnesses adequate notice adds to the timeframe involved.
Other factors which impact on processing times include increased complexity, an increasing demand for oral hearings and the loss of Appeals Officer experience and corporate knowledge due to the high number of retirements in recent years. Ensuring that appeal processing times are as short as possible is a priority for the Chief Appeals Officer.
I trust this clarifies the matter for the Deputy.
Appeal processing times (weeks) 2020 - 2021
|
Carer’s Allowance |
Oral hearing |
Summary decision |
|
|
2020 |
23.3 |
11.6 |
|
|
2021 to end of September |
20.7 |
11.3 |
Appeal processing times (weeks) 2020 – 2021
|
Disability Allowance |
Oral hearing |
Summary decision |
|
|
2020 |
19.3 |
11.4 |
|
|
2021 to end of September |
21.3 |
11.9 |
