Dáil Éireann díospóireacht -
Thursday, 22 Nov 1990

Vol. 402 No. 10

Written Answers. - Social Welfare Appeals.

Bernard Allen

Ceist:

33 Mr. Allen asked the Minister for Social Welfare the reason persons (details supplied) in County Cork were paid £30 legal fees in a situation where they were obliged to have their solicitor present for an appeal against the decision of his Department not to allow them an old age non-contributory pension, where the legal fees involved came to £227.55.

Minister for Social Welfare (Dr. Woods)

The procedures for claiming social welfare payments are as simple and straightforward as possible and are designed to enable a person to pursue his claim without the need for professional representation. The vast majority of claims to old age pension are in fact made and determined without any recourse to professional representation. It is, of course, open to any claimant to engage legal representation while pursuing a claim, including a legal representative at an appeal hearing.

Under the legislation governing the social welfare appeals system an appeals officer may award to any person any costs or expenses which he considers reasonable. Under this general provision a payment, at a rate agreed with the Incorporated Law Society from time to time, may be made to solicitors attending at oral hearings. At present the amount of the agreed payment is £30. A payment was paid to the solicitor who attended the oral hearing in this case.