Dáil Éireann Debate, Wednesday - 29 November 2017
513. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the number of appeal decisions in respect of various refusals for payments that have been overturned on appeal; and if she will make a statement on the matter. [51213/17]
Amharc ar fhreagraThe tables below provide the details which have been requested by the Deputy in respect of 2016 and to end of October 2017.
Overall, 59.2% of the 23,220 appeals which were finalised in 2016 had a favourable outcome for the appellant, i.e. were either allowed in full or in part, or resolved by way of a revised decision by a Deciding Officer/Designated Person. To date in 2017, 59.4% of the 15,551 appeals finalised have had a favourable outcome for the appellant.
There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was wrong.
Where new evidence is provided with an appeal the original decision may be revised by the Deciding Officer or Designated Person as was the case in some 37 per cent of favourable appeal outcomes in 2016 and 41% of favourable appeal outcomes to end of October 2017. Where the decision was not revised in the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and 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.
Decisions concerning entitlement to a social welfare payment or insurability of employment often require a high level of judgment and may involve complex legal questions. The Courts have found that decision makers are required to be free and unrestricted in discharging their functions.
I trust this clarifies the matter for the Deputy.
Outcome of Appeals by Category 2016
|
Revised DO Decision |
Allowed By AO |
Partially Allowed By AO |
Disallowed |
Withdrawn |
|
|
State Pension (Non-Con) |
81 |
76 |
30 |
166 |
30 |
|
State Pension (Contributory) |
56 |
33 |
13 |
201 |
9 |
|
State Pension (Transition) |
- |
1 |
1 |
2 |
1 |
|
Widow’s/Widower’s Pension (Contributory) |
7 |
12 |
5 |
34 |
2 |
|
Death Benefit |
- |
- |
- |
1 |
0 |
|
Bereavement Grant |
- |
1 |
- |
1 |
- |
|
Jobseeker’s Allowance - Payments |
324 |
525 |
98 |
945 |
141 |
|
Jobseeker’s Transitional |
6 |
12 |
1 |
15 |
5 |
|
Jobseeker’s Allowance -Means |
338 |
287 |
120 |
1,216 |
198 |
|
One Parent Family Payment |
59 |
89 |
27 |
121 |
51 |
|
Widow’s/Widower’s Pension (Non-Contributory) |
1 |
5 |
1 |
14 |
1 |
|
Supplementary Welfare Allowance |
346 |
532 |
75 |
923 |
156 |
|
Farm Assist |
45 |
31 |
29 |
94 |
16 |
|
Jobseeker’s Benefit |
155 |
151 |
40 |
304 |
54 |
|
Deserted Wife’s Benefit |
- |
5 |
1 |
4 |
1 |
|
Maternity Benefit |
12 |
17 |
1 |
60 |
1 |
|
Treatment Benefits |
0 |
0 |
0 |
6 |
0 |
|
Partial Capacity Benefit |
7 |
9 |
0 |
16 |
3 |
|
Disability Allowance |
815 |
2,830 |
88 |
1,367 |
75 |
|
Blind Pension |
2 |
5 |
1 |
11 |
- |
|
Carer’s Allowance |
815 |
1,375 |
145 |
1,237 |
52 |
|
Domiciliary Care Allowance |
469 |
596 |
18 |
250 |
11 |
|
Respite Care Allowance |
56 |
37 |
2 |
49 |
7 |
|
Illness Benefit |
341 |
136 |
5 |
168 |
230 |
|
Injury Benefit |
13 |
13 |
1 |
30 |
2 |
|
Invalidity Pension |
642 |
682 |
10 |
302 |
18 |
|
Disablement Benefit |
45 |
140 |
13 |
164 |
9 |
|
Incapacity Supplement |
5 |
1 |
1 |
7 |
0 |
|
Medical Care |
2 |
0 |
0 |
0 |
1 |
|
Carer’s Benefit |
32 |
11 |
3 |
23 |
2 |
|
Child Benefit |
190 |
68 |
29 |
295 |
19 |
|
Family Income Supplement |
177 |
125 |
18 |
135 |
15 |
|
Back To Work Family Dividend |
12 |
1 |
0 |
49 |
3 |
|
Guardian’s Payment (Non-Contributory) |
3 |
10 |
1 |
5 |
1 |
|
Guardian’s Payment (Contributory) |
4 |
16 |
1 |
20 |
1 |
|
Widowed Parent Grant |
2 |
0 |
0 |
8 |
1 |
|
Insurability |
20 |
30 |
4 |
72 |
13 |
|
Liable Relative’s |
12 |
0 |
0 |
9 |
0 |
|
Recoverable Benefits & Assistance |
6 |
9 |
1 |
12 |
1 |
|
TOTAL APPEALS |
5,100 |
7,871 |
783 |
8,336 |
1,130 |
Outcome of Appeals by Category 2017 (to end of October)
|
Revised DO Decision |
Allowed |
Partially Allowed |
Disallowed |
Withdrawn |
|
|
State Pension (Non-Con) |
68 |
65 |
30 |
108 |
24 |
|
State Pension (Contributory) |
63 |
30 |
10 |
185 |
11 |
|
State Pension (Transition) |
0 |
1 |
0 |
1 |
0 |
|
Survivor’s Pension (Con) |
7 |
7 |
0 |
12 |
1 |
|
Death Benefit |
0 |
0 |
0 |
1 |
0 |
|
Bereavement Grant |
0 |
1 |
0 |
0 |
0 |
|
Jobseeker’s Allowance – Payments |
258 |
310 |
56 |
595 |
166 |
|
Jobseeker’s Transitional |
8 |
9 |
3 |
4 |
5 |
|
Jobseeker’s Allowance-Means |
238 |
165 |
74 |
643 |
184 |
|
One Parent Family Payment |
50 |
59 |
17 |
58 |
44 |
|
Survivor’s Pension (Non-Contributory) |
3 |
5 |
4 |
8 |
0 |
|
Supplementary Welfare Allowance |
202 |
254 |
28 |
489 |
164 |
|
Farm Assist |
25 |
18 |
18 |
54 |
11 |
|
Pre-Retirement Allowance |
1 |
0 |
0 |
0 |
0 |
|
Jobseeker’s Benefit |
97 |
71 |
18 |
176 |
48 |
|
Deserted Wife’s Benefit |
0 |
2 |
0 |
2 |
0 |
|
Maternity Benefit |
7 |
7 |
3 |
42 |
1 |
|
Paternity Benefit |
2 |
0 |
0 |
2 |
0 |
|
Adoptive Benefit |
0 |
0 |
0 |
2 |
0 |
|
Treatment Benefits |
0 |
0 |
0 |
1 |
0 |
|
Partial Capacity Benefit |
11 |
13 |
1 |
11 |
4 |
|
Disability Allowance |
524 |
1,896 |
61 |
844 |
92 |
|
Blind Pension |
1 |
1 |
1 |
5 |
1 |
|
Carer’s Allowance |
708 |
1,044 |
123 |
1,027 |
52 |
|
Domiciliary Care Allowance |
256 |
264 |
9 |
113 |
9 |
|
Carers Support Grant |
35 |
32 |
1 |
57 |
1 |
|
Illness Benefit |
126 |
105 |
7 |
155 |
52 |
|
Injury Benefit |
2 |
3 |
0 |
24 |
6 |
|
Invalidity Pension |
618 |
307 |
6 |
218 |
17 |
|
Disablement Benefit |
25 |
68 |
17 |
86 |
5 |
|
Incapacity Supplement |
3 |
3 |
1 |
2 |
0 |
|
Medical Care |
1 |
0 |
0 |
1 |
0 |
|
Carer’s Benefit |
36 |
18 |
2 |
33 |
3 |
|
Child Benefit |
128 |
60 |
20 |
158 |
14 |
|
Family Income Supplement |
254 |
58 |
9 |
111 |
13 |
|
Back To Work Family Dividend |
3 |
7 |
0 |
19 |
5 |
|
Guardian’s Payment (Non-Contributory) |
2 |
4 |
1 |
6 |
0 |
|
Guardian’s Payment (Contributory) |
4 |
10 |
2 |
13 |
0 |
|
Widowed Parent Grant |
0 |
0 |
0 |
1 |
0 |
|
Insurability |
10 |
33 |
4 |
35 |
51 |
|
Liable Relative’s |
0 |
0 |
4 |
7 |
2 |
|
Recoverable Benefits & Assistance |
3 |
3 |
0 |
14 |
0 |
|
TOTAL APPEALS |
3,779 |
4,933 |
530 |
5,323 |
986 |
