Tuesday, 19 February 2019

Ceisteanna (641)

Bernard Durkan

Ceist:

641. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection the extent to which original decisions are overturned on appeal in respect of the various categories of social welfare payment; and if she will make a statement on the matter. [8435/19]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Employment)

The following table provides details of the outcome of all appeals by scheme for 2018.

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. 

18,507 appeals were finalised in 2018. 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 (a total of 7,464 or 40.3%) or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person (a total of 3,425 or 18.5%).  The 7,464 appeals which were either allowed in full or in part by an Appeals Officer constitute 52.8% of the 14,145 appeals finalised by Appeals Officers in 2018.   

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.

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 Appeals by Category 2018

 

Allowed By Appeals Officers

Partially Allowed By Appeals Officers

Revised DO/DP Decision

Disallowed By Appeals Officers

Withdrawn

Total

State Pension   (Non-Contributory)

85

23.4%

29

8.0%

70

19.3%

 144

39.7%

   35

9.6%

363

State Pension (Contributory)

35

9.5%

9

2.5%

64

17.4%

 244

66.5%

15

4.1%

367

Widow’s/Widower’s Pension   (Contributory)

18

45.0%

-

 

2

 5.0%

14

 35.0%

6

15.0%

40

Death Benefit

-     

 

-

 

-

 

1

100.0%

-

 

1

Bereavement Grant

 -

 

-     

 

 -

 

1

100.0%   

-

 1

Jobseeker’s Allowance -   Payments

280

18.0%

 99

6.4%

251

16.1%

  785

50.4%

141

  9.1%

1,556

Jobseeker’s Transitional

  9

19.1%

  5

10.6%

   9

19.1%

   18

38.3%

  6

12.8%

   47

Jobseeker’s Allowance -Means

150

10.4%

83

5.8%

194

13.5%

836

58.1%

176

 12.2%

1,439

One Parent Family Payment

 47

20.4%

13

5.7%

 46

20.0%

83

36.1%

 41

17.8%

230

Widow’s/Widower’s Pension   (Non-Contributory)

4

23.5%

2

 11.8%

-

10

58.8%

1

5.9%

17

Deserted Wife’s Allowance

1

100.0%

-

 

-

 -

-

 1

Supplementary Welfare   Allowance

258

24.6%

 29

2.8%

179

17.1%

  467

44.6%

114

10.9%

1,047

Farm Assist

14

11.7%

11

 9.2%

18

15.0%

 62

51.7%

15

12.5%

120

Pre-Retirement Allowance

1    50.0%

1

50.0%

-

 

-

 

-

2

Jobseeker’s Benefit

109

18.3%

33

5.5%

129

21.6%

270

45.3%

55

 9.2%

  596

Deserted Wife’s Benefit

3

50.0%

-

 

-

 

 3

50.0%

-

 

6

Maternity Benefit

  6

11.1%

-

 

13

24.1%

34

63.0%

1

1.9%

54

Paternity Benefit

1

 6.3%

1      6.3%

-

 

14

87.5%

-

 

16

Treatment Benefits

-     

-     

-

 

2

100.0%

2

Partial Capacity Benefit

16

50.0%

-

 

  2

 6.3%

13

40.6%

1

  3.1%

32

Disability Allowance

3,112

62.2%

 99

2.0%

462

 9.2%

1,256

25.1%

  77

1.5%

5,006

Blind Pension

2

14.3%

2

14.3%

3

21.4%

6

42.9%

1

 7.1%

14

Carer’s Allowance

1,047

38.6%

144

5.3%

         440

16.2%

  989

36.5%

90

3.3%

2,710

Domiciliary Care Allowance

686

43.6%

13

0.8%

590

37.5%

258

16.4%

25

1.6%

1,572

Carer’s Support Grant

28

20.0%

5

3.6%

35

25.0%

 68

48.6%

4

2.9%

140

Illness Benefit

111

22.4%

 11

2.2%

164

33.1%

182

36.8%

27

 5.5%

  495

Injury Benefit

10

21.3%

-     

 

6

12.8%

29

61.7%

2

 4.3%

47

Invalidity Pension

  458

41.9%

8

0.7%

  322

29.4%

  273

25.0%

33

3.0%

1,094

Disablement Benefit

116

35.3%

18

5.5%

32

 9.7%

158

48.0%

5

1.5%

329

Incapacity Supplement

 4

 80.0%

 -

 

-

 

1

 20.0%

-

 

 5

Medical Care

-     

-     

 

-

 

1

100.0%

-

 

1

Carer’s Benefit

32

23.4%

4

2.9%

52

38.0%

46

33.6%

3

2.2%

137

Child Benefit

 62

14.6%

18

4.2%

146

34.3%

179

42.0%

21

4.9%

426

Working Family Payment*

59

15.3%

18

4.7%

173

44.8%

116

30.1%

20

5.2%

386

Back To Work Family Dividend

 4

  8.5%

-    

 

  12

25.5%

 26

55.3%

 5

 10.6%

 47

Guardian’s Payment   (Non-Contributory)

1

11.1%

1

 11.1%

2

22.2%

 5

55.6%

-

     

  9

Guardian’s Payment   (Contributory)

 7

29.2%

1

4.2%

 2

  8.3%

14

58.3%

-

 

24

Widowed Parent Grant

-

 

-

 

1

     20.0%

 4

 80.0%

-

 

5

Insurability

25

26.3%

3

 3.2%

  3

3.2%

51

53.7%

13

 13.7%

 95

Liable Relatives

-

 

-

 

1

     20.0%

  2

40.0%

2

 40.0%

 5

Recoverable Benefits &   Assistance

1

 4.3%

2

     8.7%

2

 8.7%

 18

78.3%

-

 

23

TOTAL  APPEALS

6,802

36.8%

662

3.6%

3,425

18.5%

6,681

36.1%

  937

5.1%

18,507

 

* Previously known as Family Income Supplement