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Social Welfare Appeals Delays

Dáil Éireann Debate, Tuesday - 24 July 2018

Tuesday, 24 July 2018

Ceisteanna (2572)

Mary Butler

Ceist:

2572. Deputy Mary Butler asked the Minister for Employment Affairs and Social Protection if she is satisfied that processing time limits for appeals in respect of social welfare payments is at an acceptable level; her plans to reduce the time delays; and if she will make a statement on the matter. [35153/18]

Amharc ar fhreagra

Freagraí scríofa

The average appeal processing times for all appeals determined this year to the end of June broken down by social welfare scheme type are outlined in the table below.

The 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.

All claim decisions taken by the Department’s Deciding Officers and Designated Persons are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded and just 1% are appealed. Nevertheless, the Department is concerned that these cases are dealt with as quickly as possible.

Accordingly, significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times in respect of all schemes improved between 2011 and 2017 from 52.5 weeks for an oral hearing in 2011 to 26.4 weeks in 2017 and from 25.1 weeks for a summary decision in 2011 to 19.8 weeks in 2017.

The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with Appeals Officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the higher courts and decisions have to be formally written up to quasi-judicial standards.

Other factors that influence appeals processing times include the quality of the initial decision – in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. I expect that this will help to reduce the number of appeals over time.

In addition, a number of new Appeals Officers have joined the Appeals Office over the past year, to replace staff leaving on retirement. Given the complexity of the appeals process it takes some time for new staff to be trained up and develop expertise and this has led to somewhat longer processing times during this period. The Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office.

Finally, it should be noted that an appellant can claim supplementary welfare allowance pending the outcome of their appeal and that any favourable decisions are backdated to the original date of the claim.

I trust this clarifies the matter for the Deputy.

Appeal Processing Times by Scheme 01 January 2018 – 30 June 2018

-

Average processing times (weeks) Summary Decisions

Average processing times (weeks)Oral Hearings

Blind Pension

27.4

-

Carer’s Allowance

24.2

28.1

Carer’s Benefit

21.7

26.2

Child Benefit

36.2

50.3

Disability Allowance

18.0

25.5

Illness Benefit

33.4

37.6

Partial Capacity Benefit

29.2

20.3

Domiciliary Care Allowance

31.1

35.2

Deserted Wife’s Benefit

-

30.5

Farm Assist

42.0

42.6

Working Family Payment *

28.4

33.5

Invalidity Pension

23.2

24.1

Liable Relatives

-

30.7

Maternity Benefit

26.1

38.8

Paternity Benefit

27.7

20.6

One Parent Family Payment

26.1

37.5

State Pension (Contributory)

39.8

46.2

State Pension (Non-Contributory)

31.3

42.2

Occupational Injury Benefit

36.4

60.8

Disablement Pension

34.7

29.4

OIB-Medical Care

17.5

-

Incapacity Supplement

-

29.0

Guardian's Payment (Contributory)

30.5

32.4

Guardian's Payment (Non-Con)

10.4

37.3

Jobseeker's Allowance (Means)

31.9

34.8

Jobseeker's Allowance (Payments)

24.9

30.6

BTW Family Dividend

33.8

-

Jobseeker's Transitional

38.8

30.5

Recoverable Benefits & Assistance

46.6

-

Pre-Retirement Allowance

64.0

29.9

Jobseeker's Benefit

25.5

26.9

Carer’s Support Grant

28.5

28.8

Insurability of Employment

46.5

86.4

Supplementary Welfare Allowance

22.8

28.2

Widow/Widower's Pension (Contributory)

37.9

22.4

Widow/Widower's Pension (Non- Contributory)

34.6

19.9

Widowed Parent Grant

35.8

-

All Appeals

24.9

29.9

* Previously called Family Income Supplement

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