Dáil Éireann Debate, Thursday - 6 July 2023
120. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which a more personalised approach might be given to applicants who are being refused on various grounds in respect of applications they have made in the genuine expectation that an appeal or a review would be beneficial to their case reasons; and if she will make a statement on the matter. [33078/23]
View answerI understand that the Deputy's Office has clarified that this question relates to cases where an applicant has been refused a payment on medical grounds, and whether when reviewing or appealing that decision, an oral hearing would be given rather than summary decision as it may be viewed as more beneficial to the appellant.As part of the statutory appeals process, the appeal papers are in the first instance forwarded to the Department. It then carries out a review of the decision and will take into account any new evidence provided as part of the appeal. In many instances, particularly with decisions relating to medical schemes, the appellant makes an early claim to establish an entitlement date as soon as they are diagnosed and while they are still awaiting detailed consultant reports. They then provide the additional consultant reports as part of the appeals process. This additional information is considered by the Department and, in many cases, the original decision will be revised.If the Department finds no reason to revise the original decision, the file papers are submitted to the Appeals Office. Under the governing legislation the decision on whether or not to hold an oral hearing is at the discretion of the Appeals Officer to whom an appeal has been assigned. Neither I nor any other person can direct an Appeals Officer as to the course of action they should take. It is not the case that every appeal warrants an oral hearing; in general, an oral hearing is only essential if it appears to the Appeals Officer that a question arises that is not capable of being addressed though the documentary evidence available to them.The Deputy may be aware that we are looking to make some changes to the appeals process including setting timelines for decisions; giving a person a right to request an oral hearing and a right to be given a reason if an oral hearing is not granted. We have recently consulted on these changes and the responses to the consultation are currently being reviewed.Separately, I have asked my officials to examine the possibility of allowing people to delay submitting a claim until they have all of the medical evidence necessary to substantiate their claim and to then have the effective date of payment backdated to a date of diagnosis rather than the date of claim. These measures will, I believe, go some way to addressing the Deputy's concern.
