Dáil Éireann Debate, Tuesday - 21 October 2014
117. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Social Protection if the social welfare appeals office will collate statistics on the number of requests made by appellants for oral hearings to take place in respect of their appeals; if her Department carries out an analysis of the impact of oral hearings on the outcome of social welfare appeals. [39799/14]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that it is not practical without undergoing significant costs in changing their systems to collate statistics on the number of appellants who request oral hearings. Social Welfare legislation provides that an Appeal Officer may determine an appeal without an oral hearing where s/he is of the opinion that it can be determined fairly on the basis of the documentary evidence provided. I am advised that where an appellant requests an oral hearing, the request is generally granted unless the Appeals Officer is of the opinion that the appeal can be allowed on a summary basis, or where there is clearly nothing to be gained by granting an oral hearing, for example where the appeal question relates to contribution conditions or means and the underlying means or contribution figures are not disputed. As reported in the 2013 Annual Report of the Social Welfare Appeals Office, 28,062 appeals were finalised by Appeals Officers in 2013, and of these 7,598 (27.1%) were decided following an oral appeal hearing. Of these 4,568 (60.1%) had a favourable outcome. Of the 20,464 (72.9%) appeals decided on a summary basis, 8,509 (41.6%) had a favourable outcome for the appellant.
While it appears that there is a proportionately higher rate of success following oral hearing this is not surprising given that the Appeals Officer who convenes the hearing is the same Appeals Officer who decided that the case could not be decided fairly on a summary basis.
