Dáil Éireann Debate, Tuesday - 22 November 2016
97. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he will improve waiting times in respect of the determination of appeals and access to oral hearings; and if he will make a statement on the matter. [36001/16]
Amharc ar fhreagra317. Deputy Bernard J. Durkan asked the Minister for Social Protection the extent to which he can continue to reduce the time taken to process appeals in respect of various social protection payments; and if he will make a statement on the matter. [36295/16]
Amharc ar fhreagraI propose to take Questions Nos. 97 and 317 together.
The average appeal processing time for appeals determined in 2015 and to date in 2016 broken down by all social welfare scheme types is outlined in the following tables.
Significant effort and resources have been devoted to reforming the appeals process in recent years resulting 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 17.4 weeks for a summary decision.
Notwithstanding these improvements, the Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office and will continue to be monitored on an ongoing basis.
The quasi-judicial nature of the appeals system means that there are inevitable time-lags involved. However, the system is designed to be flexible and fair and allows for review and submission of further information at all stages. The time taken is proportionate to the complexity of many of the issues under appeal which require a high level of judgement, and the need to ensure due process and natural justice.
Appellants are advised of their right to request an oral hearing when their appeal is registered as an information leaflet (SW56) issues with the appeal acknowledgment. This information leaflet is also available on the appeals office website – www.socialwelfareappeals.ie.
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 PRSI contribution figures are not disputed.
The Deputy may be aware from figures reported in the Chief Appeals Officer’s Annual Report that 36.4 per cent of appeals determined by Appeals Officers in 2015 involved an oral hearing – the equivalent figure in 2014 was 31.2 per cent. 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 trust this clarifies the matter for the Deputy.
Appeals processing times by scheme 01/01/2015 – 31/12/2015
|
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
|
Blind Person’s Pension |
21.1 |
30.7 |
|
Carers Allowance |
20.6 |
25.9 |
|
Carers Benefit |
19.7 |
21.8 |
|
Child Benefit |
24.8 |
34.7 |
|
Disability Allowance |
15.8 |
21.4 |
|
Illness Benefit |
26.3 |
33.1 |
|
Partial Capacity Benefit |
25.7 |
43.4 |
|
Domiciliary Care Allowance |
21.7 |
28.7 |
|
Deserted Wives Benefit |
19.7 |
26.2 |
|
Deserted Wives Allowance |
- |
16.2 |
|
Farm Assist |
21.0 |
28.6 |
|
Bereavement Grant |
65.7 |
26.0 |
|
Death Benefit (Pension) |
- |
22.6 |
|
Family Income Supplement |
19.4 |
27.7 |
|
Invalidity Pension |
26.2 |
28.4 |
|
Liable Relatives |
22.8 |
31.2 |
|
Maternity Benefit |
22.6 |
17.5 |
|
One Parent Family Payment |
22.9 |
33.9 |
|
State Pension (Contributory) |
26.0 |
46.0 |
|
State Pension (Non-Contributory) |
20.4 |
30.8 |
|
State Pension (Transition) |
80.1 |
53.4 |
|
Occupational Injury Benefit |
20.3 |
35.0 |
|
Disablement Pension |
23.7 |
35.3 |
|
Incapacity Supplement |
41.2 |
51.5 |
|
Guardian's Payment (Con) |
18.2 |
27.5 |
|
Guardian's Payment (Non-Con) |
18.7 |
31.0 |
|
Jobseeker's Allowance (Means) |
15.8 |
26.0 |
|
Jobseeker's Allowance |
15.2 |
21.9 |
|
JA/JB Fraud Control |
- |
46.1 |
|
BTW Family Dividend |
14.1 |
- |
|
Jobseeker's Transitional |
12.9 |
21.3 |
|
Recoverable Benefits & Assistance |
21.0 |
30.3 |
|
Jobseeker's Benefit |
14.3 |
21.2 |
|
Pre-Retirement Allowance |
15.0 |
- |
|
Treatment Benefit |
17.9 |
- |
|
Carer’s Support Grant * |
21.2 |
23.6 |
|
Insurability of Employment |
47.6 |
69.4 |
|
Supplementary Welfare Allowance |
13.1 |
23.5 |
|
Survivor's Pension (Con) |
24.1 |
46.6 |
|
Survivor's Pension (Non-con) |
23.7 |
38.3 |
|
Widows Parent Grant |
18.4 |
- |
|
All Appeals |
18.1 |
25.5 |
* Previously called Respite Care Grant
Appeal processing times by scheme 01/01/2016 – 31/10/2016
|
Average processing times (weeks) Summary Decisions |
Average processing times (weeks) Oral Hearings |
|
|
Blind Person’s Pension |
19.1 |
33.8 |
|
Carers Allowance |
17.9 |
21.9 |
|
Carers Benefit |
20.3 |
22.4 |
|
Child Benefit |
22.6 |
39.9 |
|
Disability Allowance |
14.7 |
20.3 |
|
Illness Benefit |
27.9 |
34.3 |
|
Partial Capacity Benefit |
28.4 |
32.2 |
|
Domiciliary Care Allowance |
24.2 |
30.6 |
|
Deserted Wives Benefit |
13.0 |
37.6 |
|
Farm Assist |
19.9 |
24.3 |
|
Bereavement Grant |
14.7 |
- |
|
Liable Relatives |
14.1 |
16.9 |
|
Family Income Supplement |
17.8 |
24.2 |
|
Invalidity Pension |
22.3 |
29.7 |
|
Maternity Benefit |
18.2 |
22.6 |
|
One Parent Family Payment |
21.4 |
33.3 |
|
State Pension (Contributory) |
25.6 |
45.4 |
|
State Pension (Non-Contributory) |
23.2 |
33.5 |
|
State Pension (Transition) |
67.7 |
40.5 |
|
Occupational Injury Benefit |
23.3 |
29.6 |
|
Disablement Pension |
22.2 |
26.9 |
|
Incapacity Supplement |
27.7 |
50.9 |
|
Guardian's Payment (Con) |
16.2 |
22.9 |
|
Guardian's Payment (Non-Con) |
18.4 |
22.1 |
|
Jobseeker's Allowance (Means) |
16.4 |
25.5 |
|
Jobseeker's Allowance |
15.9 |
21.2 |
|
BTW Family Dividend |
21.8 |
- |
|
Jobseeker's Transitional |
18.2 |
26.4 |
|
Recoverable Benefits & Assistance |
34.5 |
41.7 |
|
Jobseeker's Benefit |
15.2 |
23.6 |
|
Treatment Benefit |
18.6 |
- |
|
Carer’s Support Grant * |
19.1 |
25.0 |
|
Insurability of Employment |
37.8 |
90.6 |
|
Supplementary Welfare Allowance |
14.5 |
25.4 |
|
Survivor's Pension (Con) |
16.6 |
28.8 |
|
Survivor's Pension (Non-con) |
17.1 |
26.1 |
|
Widows Parent Grant |
23.0 |
63.8 |
|
All Appeals |
17.4 |
24.3 |
* Previously called Respite Care Grant
