Dáil Éireann Debate, Wednesday - 7 October 2009
133 Deputy Jack Wall asked the Minister for Social and Family Affairs the action she is taking to provide better clarity for deciding officers in the case of applications for social welfare payments that are dependent on medical evidence in view of the fact that these type of payments continue to have a much higher success rate on appeal. [34405/09]
Amharc ar fhreagra152 Deputy Jack Wall asked the Minister for Social and Family Affairs her response to the criticism of her Department on page 10 of the annual report of the social welfare appeals office that that office was not informed of a decision to settle a case which directly involved the social welfare appeals office and its decision-making processes; and the steps she is taking to improve communication and coordination between her Department and the social welfare appeals office. [34406/09]
Amharc ar fhreagraI propose to take Questions Nos. 133 and 152 together.
Decisions on statutory social welfare schemes are made by statutorily appointed deciding officers. These officers determine entitlement to social insurance and social assistance payments and liability for Pay Related Social Insurance contributions in accordance with the Social Welfare Consolidation Act 2005 and regulations made under that Act. Determinations in relation to the supplementary welfare allowance scheme are made by community welfare officers appointed by the Health Service Executive. Guidelines are issued by the Department in relation to the legislation concerned to ensure consistency of decision making by deciding officers throughout the Department. In line with the Department's policy to promote the provision of information, these guidelines 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 the principles of natural justice and fair procedures.
In relation to decisions made on claims which are wholly or partly dependant on medical evidence, such medical evidence as is provided is referred to one of the Department's medical assessors who expresses an opinion as to whether the customer meets the medical qualifying conditions for the particular scheme. The deciding officer takes this opinion into account when making his or her decision on the claim. In cases which proceed to the Social Welfare Appeals Office and where medical issues are involved, appeals officers, as well as taking account of reports from medical assessors of the Department, also take account of medical reports furnished by the appellant and any other evidence including evidence adduced at an oral hearing where appellants have the opportunity to explain how they are affected by their medical condition. As a result, the appeals officer's decision may differ from that of the deciding officer.
The proceedings referred to in the annual report of the Social Welfare Appeals Office were judicial review proceedings arising out of a claim for disability allowance. The Minister for Social and Family Affairs was the respondent in the proceedings. The Social Welfare Appeals Office was not a party to the proceedings. The claim was disallowed on the grounds that the claimant was not habitually resident in the State at the date of application. Having taken legal advice, and in the light of the exceptional circumstances of the case, the Department concluded that its decision to disallow the claimant's application for disability allowance was incorrect. Accordingly, the Department settled the judicial review proceedings at the earliest opportunity and the claimant's application for disability allowance has been allowed.
There is ongoing communication between the Social Welfare Appeals Office and the Department on matters of common interest and, as necessary, guidelines, procedures and practices relating to decision-making are reviewed.
