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Social Welfare Appeals Delays

Dáil Éireann Debate, Tuesday - 7 November 2017

Tuesday, 7 November 2017

Ceisteanna (1279)

Bernard Durkan

Ceist:

1279. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection if the appeals in respect of various decisions in regard to payments made by her Department are dealt with expeditiously; if payment will continue while the case is on appeal; and if she will make a statement on the matter. [47112/17]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Chief Appeals Officer that the management of appeal processing times is a key priority which is kept under constant scrutiny. Tables showing the average appeal processing times for all appeals determined from 2014 to date in 2017 broken down by all social welfare scheme types are attached below.

The Deputy will be aware from previous replies that significant effort and resources have been devoted over the past number of years to reforming the appeals process in order to finalise appeals as quickly and effectively as possible, while recognising the need to ensure that quality and fairness are not compromised. As a result appeal processing times improved year on year between 2011/2012 and 2016 as evidenced in the attached tables. For example, the average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015 and 24.1 weeks in 2016. The average time taken to finalise an appeal decided by way of a summary decision reduced from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015, and 17.6 weeks in 2016.

I understand from the Chief Appeals Officer that there has been a slight increase in overall appeal processing times to date in 2017 with appeals requiring an oral hearing taking an average of 26 weeks and summary decisions taking 20 weeks to finalise. However she is hopeful that this will be addressed in the coming months as a number of newly appointed Appeals Officers who have replaced officers who retired become more experienced in their roles.

The time taken to process an appeal reflects all aspects of the appeal process including the time spent in the Department preparing the appeal submission. The quasi-judicial nature of the system impacts on appeal processing times which are proportionate to the complexity of many of the issues under appeal which often require a high level of judgment, in addition to the need to ensure due process and natural justice.

The Deputy will be aware that where a claimant has been refused a payment and is appealing the decision, the payment in question does not continue pending the completion of the appeal process. In the event that the appeal is successful, the payment will be reinstated with effect from the date it was withdrawn. However, if a person is appealing a decision and their means are insufficient to meet their needs pending the outcome of the appeal process, it is open to that person to apply at their local Intreo Centre for Supplementary Welfare Allowance in the interim. If their application for Supplementary Welfare Allowance is not successful, they can also appeal that decision. Supplementary Welfare Allowance appeals are prioritised for attention within the Social Welfare Appeals Office as soon as the appeal file and submission are received from the Department.

The Chief Appeals Officer has advised me that every effort will continue to be made to improve appeal processing times.

I trust this clarifies the matter for the Deputy.

Appeals processing times by scheme 01/01/2014 – 31/12/14

-

Average processing times (weeks) - Summary Decisions

Average processing times (weeks) - Oral Hearings

Adoptive Benefit

17.1

-

Blind Pension

20.5

24.9

Carers Allowance

30.1

34.4

Carers Benefit

22.9

23.1

Child Benefit

23.8

32.9

Disability Allowance

20.8

26.7

Illness Benefit

29.5

34.8

Domiciliary Care Allowance

22.6

29.1

Deserted Wives Benefit

-

64.7

Deserted Wives Allowance

-

41.8

Farm Assist

23.2

28.3

Bereavement Grant

25.6

31.9

Family Income Supplement

26.0

32.6

Invalidity Pension

25.9

31.2

Liable Relatives

21.5

33.2

One Parent Family Payment

24.4

33.5

Maternity Benefit

22.4

44.7

Partial Capacity Benefit

48.5

48.5

State Pension (Contributory)

25.2

41.9

State Pension (Non-Cont)

20.3

29.4

State Pension (Transition)

27.0

35.1

Occupational Injury Benefit

33.6

33.7

Disablement Pension

23.6

30.6

Occupational Injury Benefit (Medical)

-

53.9

Incapacity Supplement

21.5

59.6

Guardian's Payment (Con)

25.9

24.9

Guardian's Payment (Non-con)

19.7

30.3

Pre Retirement Allowance

17.3

-

Jobseeker's Allowance (Means)

18.1

27.5

Jobseeker's Allowance

16.2

21.1

JA/JB Fraud Control

12.1

-

Jobseeker's Benefit

16.7

21.1

Treatment Benefit

20.8

-

Respite Care Grant

24.9

27.1

Insurability of Employment

45.0

62.3

Supplementary Welfare Allowance

14.4

22.1

Survivor's Pension (Con)

20.2

32.5

Survivor's Pension (Non-Con)

24.7

24.6

Widowed Parent Grant

22.2

-

All Appeals

21.1

28.6

* Previously called Respite Care Grant

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 – 31/12/2016

-

Average processing times (weeks) - Summary Decisions

Average processing times (weeks) - Oral Hearings

Blind Person’s Pension

18.2

33.8

Carers Allowance

17.6

21.6

Carers Benefit

20.7

22.4

Child Benefit

22.1

38.2

Disability Allowance

14.6

20.1

Illness Benefit

27.2

34.3

Partial Capacity Benefit

27.3

33.6

Domiciliary Care Allowance

24.3

30.6

Deserted Wives Benefit

13.0

32.8

Farm Assist

21.9

26.0

Bereavement Grant

23.1

-

Death Benefit (Pension)

19.7

-

Liable Relatives

14.0

16.9

Family Income Supplement

20.4

25.5

Invalidity Pension

21.3

28.2

Maternity Benefit

18.9

21.7

One Parent Family Payment

21.7

31.9

State Pension (Contributory)

25.6

45.9

State Pension (Non-Contributory)

22.7

32.9

State Pension (Transition)

67.7

61.3

Occupational Injury Benefit

25.0

31.9

Disablement Pension

25.8

26.8

Incapacity Supplement

27.7

50.9

Guardian's Payment (Con)

15.8

24.5

Guardian's Payment (Non-Con)

18.4

23.3

Jobseeker's Allowance (Means)

16.7

25.5

Jobseeker's Allowance

16.0

20.9

BTW Family Dividend

21.0

-

Jobseeker's Transitional

19.0

22.3

Recoverable Benefits & Assistance

32.5

31.6

Jobseeker's Benefit

16.0

27.2

Treatment Benefit

17.1

-

Carer’s Support Grant *

18.1

23.3

Insurability of Employment

36.6

85.7

Supplementary Welfare Allowance

15.0

24.1

Survivor's Pension (Con)

16.6

28.8

Survivor's Pension (Non-con)

18.4

23.4

Widows Parent Grant

23.5

63.8

All Appeals

17.6

24.1

* Previously called Respite Care Grant

Appeal processing times by Scheme 01 January 2017- 31 October 2017

-

Average processing times (weeks) Summary Decisions

Average processing times (weeks) -Oral Hearings

Adoptive Benefit

13.4

-

Blind Person’s Pension

20.4

24.4

Carers Allowance

21.3

23.7

Carers Benefit

16.3

21.2

Child Benefit

22.3

32.1

Disability Allowance

18.4

23.4

Illness Benefit

27.3

30.3

Partial Capacity Benefit

35.1

28.1

Domiciliary Care Allowance

26.0

32.6

Deserted Wifes Benefit

13.1

15.7

Farm Assist

21.0

25.7

Bereavement Grant

15.1

-

Death Benefit (Pension)

102.10

-

Family Income Supplement

19.6

33.5

Invalidity Pension

16.1

23.8

Liable Relatives

18.8

24.1

Maternity Benefit

18.8

19.4

Paternity Benefit

22.7

-

One Parent Family Payment

25.2

34.8

State Pension (Contributory)

30.7

46.9

State Pension (Non-Contributory)

25.3

34.1

State Pension (Transition)

81.1

-

Occupational Injury Benefit

19.5

26.4

Disablement Pension

24.9

28.8

Medical Care

-

27.3

Incapacity Supplement

54.2

37.2

Guardian's Payment (Con)

25.3

25.1

Guardian's Payment (Non-Con)

15.2

23.4

Jobseeker's Allowance (Means)

19.1

26.8

Jobseeker's Allowance

17.4

24.7

BTW Family Dividend

19.9

27.5

Jobseeker's Transitional

22.5

24.7

Recoverable Benefits & Assistance

27.8

-

Jobseeker's Benefit

20.0

23.2

Carer’s Support Grant *

17.8

25.2

Treatment Benefit

14.0

-

Insurability of Employment

36.9

91.3

Supplementary Welfare Allowance

16.5

25.2

Survivor's Pension (Con)

22.9

34.1

Survivor's Pension (Non-con)

20.4

24.1

Widowed Parent Grant

14.1

-

All Appeals

20.0

26.0

* Previously called Respite Care Grant

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