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Social Welfare Appeals Data

Dáil Éireann Debate, Tuesday - 17 January 2017

Tuesday, 17 January 2017

Ceisteanna (651)

Willie O'Dea

Ceist:

651. Deputy Willie O'Dea asked the Minister for Social Protection the number of social welfare appeals lodged in each of the years 2012 to 2016 in tabular form; the percentage of appeals which were successful; the average waiting time in these years; and if he will make a statement on the matter. [1516/17]

Amharc ar fhreagra

Freagraí scríofa

The tables provide the details which have been requested by the Deputy from 2012 to 2016.

The figures provided in the tables for appeals which had a favourable outcome for the appellant include appeals which were either allowed in full or in part by an Appeals Officer and appeals which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person.

There are a number of reasons why a decision which was refused at first instance might be successful on appeal. It is not necessarily the case that the first decision was incorrect. It is often the case that new evidence is provided with an appeal and that, as a result, the original decision may be revised by the Deciding Officer or Designated Person. This occurred in some 37 per cent of favourable appeal outcomes in 2016 (5,100 cases) and some 35 per cent of favourable appeal outcomes in 2015 (5,200 cases).

Where the decision was not revised by the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds. In addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.

As the Deputy will be aware, appeal processing times are kept under constant scrutiny by the Chief Appeals Officer and significant effort and resources have been devoted in recent years to reducing the length of time taken to finalise an appeal. As a result good progress has been made in this regard as outlined in the following table.

The average time taken to determine an appeal requiring an oral hearing reduced from a peak of 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015 and 24.1 weeks in 2016 and the average time taken to finalise an appeal decided by way of a summary decision dropped from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015 and 17.6 weeks in 2016.

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.

The Chief Appeals Officer has advised me that the further reduction of appeal processing times will continue to be a priority for her office.

I trust this clarifies the matter for the Deputy.

Appeal Receipts and Percentage of Favourable Decisions of Appeals Finalised

2012 – 2016

Appeal Receipts

Appeals

Finalised

Favourable Decisions

Appeals Disallowed

Withdrawn

2012

35,484

32,558

50.4%

42.6%

7.0%

2013

32,777

38,421

55.0%

39.0%

6.0%

2014

26,069

31,211

56.5%

37.7%

5.8%

2015

24,475

25,406

58.8%

36.1%

5.1%

2016

22,461

23,220

59.2%

35.9%

4.9%

Appeal Processing Times 2012– 2016

Average processing times (weeks)

Summary Decisions

Average processing times (weeks)

Oral Hearings

2012

27.8

39.5

2013

25.8

33.9

2014

21.1

28.6

2015

18.1

25.5

2016

17.6

24.1

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