Decisions on statutory social welfare schemes, including state contributory, state non-contributory and state transition pensions are made by statutorily appointed Deciding Officers of my Department. Where a customer is dissatisfied with a decision made by a Deciding Officer, s/he has a statutory right of appeal to the Social Welfare Appeals Office.
Guidelines are issued by my Department in relation to the legislation concerned to ensure consistency of decision making by Deciding Officers and these are also available to members of the public on the Department's website, www.welfare.ie, or on request from any social welfare local office. In addition, training is provided to Deciding Officers on their statutory obligations and the application of principles of natural justice and fair procedures.
Social Welfare legislation provides that decisions on social welfare claims must be set out in writing and, where the decision is unfavourable, the reasons for the decision must also be recorded and included in the notification to the person concerned. Therefore, when a Deciding Officer has reached a decision, which is unfavourable to the claimant, s/he must give the grounds for the decision, that is, the statutory condition which is not fulfilled; and the reason why the grounds are not met.
Apart from the right of appeal to the Social Welfare Appeals Office, a claimant may seek a review by a Deciding Officer in the first instance if there are any new facts or evidence that have not been taken into consideration when the initial decision was made. This provides a means of having any adverse decisions reviewed as quickly as possible where new evidence becomes available. The Deciding Officer re-examines the case quickly, and, if appropriate, the decision can be revised without having to go through the formal appeals process. To this end, persons are advised of their right to seek a review of the initial decision. Where conflict remains, however, the person has the right to have his or her claim dealt with by way of appeal.
If the claim has not been dealt with to the complainant's satisfaction, it can be brought to the attention of the Office of the Ombudsman.
The Pensions Ombudsman investigates complaints that an individual has suffered a financial loss because of some failure in the administration of an occupational pension scheme or a personal retirement savings account. He also investigates disputes of fact or law concerning pension schemes, between members and others entitled to benefit from the schemes, and trustees or managers or employers. He has no role in relation to social welfare pensions and, in the light of the other provisions which apply, it is not necessary or appropriate for him to have.