Tuesday, 9 October 2018

Ceisteanna (492)

Bríd Smith

Ceist:

492. Deputy Bríd Smith asked the Minister for Employment Affairs and Social Protection the number of reviews and appeals of decisions to refuse carer's allowance that were successful with the application being subsequently approved in each year since 2010. [40939/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Employment)

I am advised by my Department that it does not hold records of the number of carer’s allowance cases where the decision of the Deciding Officer is reviewed and subsequently overturned without recourse to appeal.

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.

The following table provides the details of the outcome of carer’s allowance appeals for the years 2010 to 2017 and to the end of September 2018.

The appeals which had a favourable outcome for the appellant consist of appeals which were either allowed in full or in part by an Appeals Officer, or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer.

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 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 was the case in 37.1% of favourable appeal outcomes (appeals in respect of all schemes) in 2016, 37.6% of such outcomes in 2017 and 31.9% of such outcomes to the end of September 2018.

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 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.

I trust this clarifies the matter for the Deputy.

Outcome of Carer’s Allowance Appeals 2010– 2017

-

Appeals Finalised

Revised Deciding Officer Decisions

Appeals Allowed by Appeals Officers

Appeals Partly Allowed by Appeals Officers

Appeals Disallowed by Appeals Officers

Withdrawn

2010

2,219

695

464

56

939

65

2011

3,197

618

726

117

1,645

91

2012

2,057

452

651

135

786

33

2013

3,722

1,040

990

131

1,505

56

2014

3,386

463

1,240

177

1,451

55

2015

3,491

579

1,352

155

1,355

50

2016

3,624

815

1,375

145

1,237

52

2017

3,416

780

1,204

161

1,199

72

2018 (to 30/9/2018)

1,913

297

745

99

701

71