Dáil Éireann Debate, Thursday - 10 May 2018
293. Deputy Róisín Shortall asked the Minister for Employment Affairs and Social Protection the percentage of decisions overturned on appeal for each social welfare payment by written and oral appeals in tabular form; and if she will make a statement on the matter. [20757/18]
Amharc ar fhreagraThe Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.
I understand the Deputy’s question relates to outcomes of appeals dealt with by Appeals Officers by reference to whether the appeal was dealt with summarily or by way of an oral hearing.
The following table provides the details requested by the Deputy in respect of appeals finalised in the full year 2017.
Overall, 60.1% of the 18,980 appeals which were finalised in 2017 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.
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 both 2017 and 2016. In the period January to April 2018 this was the case in 38 per cent of favourable outcomes. 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 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.
Table: Outcome by Percentage of Appeals Decided by Appeals Officers 2017
|
Scheme |
Oral Hearing |
Summary Decision |
||||
|
% Allowed |
% Part Allowed |
% Disallowed |
%Allowed |
% Part Allowed |
% Disallowed |
|
|
State Pension (Non-Contributory) |
40.8% |
23.5% |
35.7% |
25.2% |
7.9% |
66.9% |
|
State Pension (Contributory) |
20.6% |
13.2% |
66.2% |
10.7% |
1.5% |
87.8% |
|
State Pension (Transition) |
0.0% |
0.0% |
100.0% |
50.0% |
0.0% |
50.0% |
|
Widow's, Widower's or Surviving Civil Partner's (Contributory) Pension |
37.5% |
0.0% |
62.5% |
33.3% |
0.0% |
66.7% |
|
*Bereavement Grant |
0.0% |
0.0% |
0.0% |
100.0% |
0.0% |
0.0% |
|
Jobseeker’ Allowance |
46.3% |
8.9% |
44.7% |
25.0% |
4.6% |
70.3% |
|
Jobseeker’s allowance (Means) |
36.4% |
16.4% |
47.2% |
11.3% |
4.8% |
83.9% |
|
One Parent Family Payment |
50.0% |
18.1% |
31.9% |
38.3% |
7.4% |
54.3% |
|
Widow's, Widower's or Surviving Civil Partner’s (Non-Contributory) Pension |
25.0% |
25.0% |
50.0% |
50.0% |
12.5% |
37.5% |
|
Supplementary Welfare Allowance |
52.4% |
6.4% |
41.2% |
25.7% |
2.7% |
71.6% |
|
Farm Assist |
30.9% |
21.8% |
47.3% |
11.1% |
13.3% |
75.6% |
|
Jobseeker’s Benefit |
36.2% |
13.0% |
50.7% |
24.1% |
5.0% |
71.0% |
|
Deserted Wife’s Benefit |
33.3% |
33.3% |
33.3% |
50.0% |
0.0% |
50.0% |
|
Maternity Benefit |
42.9% |
0.0% |
57.1% |
12.7% |
5.5% |
81.8% |
|
Paternity Benefit |
0.0% |
0.0% |
0.0% |
25.0% |
0.0% |
75.0% |
|
Adoptive Benefit |
0.0% |
0.0% |
0.0% |
0.0% |
0.0% |
100.0% |
|
*Treatment Benefits |
0.0% |
0.0% |
0.0% |
0.0% |
0.0% |
100.0% |
|
Partial Capacity Benefit |
45.5% |
9.1% |
45.5% |
52.6% |
0.0% |
47.4% |
|
Disability Allowance |
69.7% |
2.3% |
28.0% |
70.0% |
1.3% |
28.7% |
|
Blind Pension |
50.0% |
50.0% |
0.0% |
0.0% |
0.0% |
100.0% |
|
Carer’s Allowance |
55.9% |
6.7% |
37.3% |
34.6% |
5.7% |
59.7% |
|
Domiciliary Care allowance |
69.9% |
3.8% |
26.4% |
64.0% |
0.5% |
35.5% |
|
Carer’s Support Grant |
48.6% |
2.7% |
48.6% |
23.6% |
1.4% |
75.0% |
|
Illness Benefit |
47.3% |
3.6% |
49.1% |
26.7% |
1.3% |
72.0% |
|
Injury Benefit |
0.0% |
0.0% |
100.0% |
13.0% |
0.0% |
87.0% |
|
Invalidity Pension |
69.5% |
1.5% |
29.0% |
48.8% |
0.8% |
50.4% |
|
Disablement Benefit |
50.0% |
12.1% |
37.9% |
28.6% |
5.1% |
66.3% |
|
Incapacity Supplement |
60.0% |
20.0% |
20.0% |
0.0% |
0.0% |
100.0% |
|
*Medical Care |
0.0% |
0.0% |
100.0% |
0.0% |
0.0% |
0.0% |
|
Carer’s Benefit |
47.8% |
8.7% |
43.5% |
30.8% |
0.0% |
69.2% |
|
Child Benefit |
48.6% |
9.7% |
41.7% |
16.8% |
8.1% |
75.1% |
|
Working Family Payment |
36.8% |
8.8% |
54.4% |
33.3% |
5.9% |
60.8% |
|
Guardian’s Payment (Non-Contributory) |
60.0% |
0.0% |
40.0% |
25.0% |
12.5% |
62.5% |
|
Guardian’s Payment (Contributory) |
69.2% |
0.0% |
30.8% |
25.0% |
12.5% |
62.5% |
|
Widowed Parent Grant |
0.0% |
0.0% |
0.0% |
0.0% |
0.0% |
100.0% |
|
Back to Work Family Dividend |
50.0% |
0.0% |
50.0% |
20.0% |
0.0% |
80.0% |
|
Jobseeker’s Transitional Payment |
57.1% |
42.9% |
0.0% |
46.2% |
7.7% |
46.2% |
* 1 case
