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Social Welfare Appeals Waiting Times

Dáil Éireann Debate, Wednesday - 25 May 2016

Wednesday, 25 May 2016

Ceisteanna (188)

Bernard Durkan

Ceist:

188. Deputy Bernard J. Durkan asked the Minister for Social Protection the sections of his Department currently affected by longer than average appeal waiting times; the extent to which he expects to address this issue in the future and during the course of 2016; and if he will make a statement on the matter. [12042/16]

Amharc ar fhreagra

Freagraí scríofa

The average appeal processing time for appeals determined by summary decision and following an oral hearing in 2015 and to date in 2016 broken down by all social welfare scheme types is as outlined in the following tables. The table also contains numbers of appeal decisions broken down by scheme type for those years. The average processing time by scheme is impacted by the number of decisions involved and in some cases by the complexity of the issue under appeal.

The unprecedented increase in appeal receipts since 2009 placed considerable pressure on the appeals office and impacted adversely on processing times. The overall number of appeals received increased from an average of 15,000 per year up to 2009, to a peak of 35,500 in 2012, reducing annually thereafter to just below 25,000 in 2015.

Significant effort and resources have been devoted to reforming the appeals process in recent years:

- Additional appeals officers were appointed to the office

- An overhaul of the operating model was undertaken

- New technology to support appeals officers was introduced

- Work was undertaken with the Department to reduce delays in responding to requests from the appeals office for appeal submissions.

This resulted in a marked improvement in overall appeal processing times. The average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 25.5 weeks in 2015 and the average time taken to finalise an appeal decided by way of a summary decision dropped from 25.1 weeks in 2011 to 18.1 weeks in 2015. This downward trend in overall appeal processing times has continued to date in 2016 to 24.3 weeks for an oral hearing and 17.3 weeks for a summary decision.

The quasi-judicial nature of the appeals system means that there are inevitable time-lags involved. The system is designed to be flexible and fair and allows for review and submission of further information up to and including the oral hearing. The time taken is proportionate to the complexity of many of the issues under appeal, which require a high level of judgment and often involve complex legal questions.

A number of elements within the process are time-consuming including the need to ensure due process, natural justice and compliance with the statutory obligation to obtain the Department’s appeal submission. If an oral hearing is requested by the appellant or is required to resolve conflicts, the processing time is prolonged

The Chief Appeals Officer assures me that appeals processing times are continuously monitored and that, although significant progress has been made in reducing appeal processing times in recent years, continued improvement in this area remains a priority.

Appeals processing times by scheme 01/01/2015 – 31/12/2015

Summary Decisions

Oral Hearings

Number of appeals decided

Average processing times (weeks)

Number of appeals decided

Average processing times (weeks)

Blind Pension

12

21.1

4

30.7

Carers Allowance

1,512

20.6

1,350

25.9

Carers Benefit

24

19.7

33

21.8

Child Benefit

371

24.8

78

34.7

Disability Allowance

3,129

15.8

2,091

21.4

Illness Benefit

223

26.3

203

33.1

Partial Capacity Benefit

21

25.7

5

43.4

Domiciliary Care Allowance

506

21.7

331

28.7

Deserted Wives Benefit

5

19.7

11

26.2

Deserted Wives Allowance

-

-

1

16.2

Farm Assist

67

21.0

67

28.6

Bereavement Grant

18

65.7

2

26.0

Death Benefit (Pension)

-

-

1

22.6

Family Income Supplement

199

19.4

38

27.7

Invalidity Pension

967

26.2

606

28.4

Homemakers

1

167.5

-

-

Liable Relatives

21

22.8

1

31.2

Maternity Benefit

25

22.6

6

17.5

One Parent Family Payment

126

22.9

142

33.9

State Pension (Contributory)

115

26.0

39

46.0

State Pension (Non-Contributory)

135

20.4

98

30.8

State Pension (Transition)

6

80.1

2

53.4

Occupational Injury Benefit

20

20.3

17

35.0

Disablement Pension

162

23.7

143

35.3

Incapacity Supplement

6

41.2

5

51.5

Guardian's Payment (Con)

23

18.2

13

27.5

Guardian's Payment (Non-Con)

11

18.7

5

31.0

Jobseeker's Allowance (Means)

1,246

15.8

482

26.0

Jobseeker's Allowance

1,130

15.2

491

21.9

JA/JB Fraud Control

-

-

3

46.1

BTW Family Dividend

15

14.1

-

-

Jobseeker's Transitional

6

12.9

1

21.3

Recoverable Benefits & Assistance

10

21.0

1

30.3

Jobseeker's Benefit

414

14.3

101

21.2

Pre-Retirement Allowance

1

15.0

-

-

Treatment Benefit

1

17.9

-

-

Respite Care Grant

58

21.2

33

23.6

Insurability of Employment

40

47.6

51

69.4

Supplementary Welfare Allowance

1,362

13.1

418

23.5

Survivor's Pension (Con)

23

24.1

6

46.6

Survivor's Pension (Non-con)

10

23.7

6

38.3

Widows Parent Grant

6

18.4

1

-*

All appeals

12,027

18.1

6,886

25.5

*As this Widowed Parent Grant appeal has been re-opened, the average processing time no longer refers.

Appeals processing times by scheme 01/01/2016 - 30/04/2016

Summary Decisions

Oral Hearings

Number of appeals decided

Average processing times (weeks)

Number of appeals decided

Average processing times (weeks)

Blind Pension

6

17.4

1

34.8

Carers Allowance

404

18.4

476

22.7

Carers Benefit

5

18.4

5

23.4

Child Benefit

114

22.5

21

60.1

Disability Allowance

939

15.3

632

20.7

Illness Benefit

43

28.7

46

31.9

Partial Capacity Benefit

7

17.3

5

23.9

Domiciliary Care Allowance

185

22.7

127

28.5

Deserted Wives Benefit

-

-

5

40.5

Farm Assist

32

15.8

27

22.6

Liable Relatives

1

7.9

-

-

Family Income Supplement

77

15.6

20

25.0

Invalidity Pension

217

27.9

186

31.0

Maternity Benefit

13

17.5

6

28.1

One Parent Family Payment

45

20.4

34

25.0

State Pension (Contributory)

75

28.2

14

37.9

State Pension (Non-Contributory)

49

21.1

41

30.9

State Pension (Transition)

1

67.7

2

36.8

Occupational Injury Benefit

9

15.9

2

17.1

Disablement Pension

48

19.9

61

26.4

Incapacity Supplement

1

-

2

44.0

Guardian's Payment (Con)

10

16.9

5

23.1

Guardian's Payment (Non-Con)

3

20.2

2

28.5

Jobseeker's Allowance (Means)

409

14.1

130

25.0

Jobseeker's Allowance

394

14.8

169

19.8

BTW Family Dividend

25

21.3

-

-

Jobseeker's Transitional

4

15.1

2

11.8

Recoverable Benefits & Assistance

8

33.6

-

-

Jobseeker's Benefit

143

14.0

35

18.3

Treatment Benefit

1

15.0

-

-

Respite Care Grant

26

15.2

16

21.8

Insurability of Employment

20

35.2

15

101.5

Supplementary Welfare Allowance

365

16.7

104

28.4

Survivor's Pension (Con)

12

15.7

7

23.0

Survivor's Pension (Non-con)

5

20.3

3

31.5

Widows Parent Grant

1

21.4

-

-

All appeals

3,697

17.3

2,201

24.3

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