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Social Welfare Appeals Data

Dáil Éireann Debate, Tuesday - 14 May 2019

Tuesday, 14 May 2019

Ceisteanna (467)

Paul Murphy

Ceist:

467. Deputy Paul Murphy asked the Minister for Employment Affairs and Social Protection if the social welfare appeals office will release details of the test cases that it uses in terms of the determination of bogus self-employment; if it will release the legal advice on the use of test cases; and if she will make a statement on the matter. [20390/19]

Amharc ar fhreagra

Freagraí scríofa

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 and insurability of employment.

The Chief Appeals Officer has advised me that occasionally, and usually where a number of workers engaged by the same employer are concerned and have individually submitted an appeal, she is asked to make decisions on a ‘sample’ number of cases. The Chief Appeals Officer has agreed to this approach in very limited circumstances and only with the agreement of both the employer and the workers concerned. However, it should be noted that each worker is entitled to an individual decision on their appeal and the approach cannot compromise the integrity of the appeal process or deny an interested party the opportunity of having any evidence particular to their appeal being considered by an Appeals Officer.

The Chief Appeals Officer has also advised that all appeals are determined on a case by case basis and on the particular facts of each appeal. While appeal decisions do not themselves create precedents, the Office endeavours to be consistent in its decision making and strives to ensure that the same conclusion is reached in cases that are based on the same or similar factual circumstances. In the case of appeals on the insurability of employment consistency is achieved by applying the precedents emerging from the case-law of the Courts and which are reflected in the Code of Practice for Determining Employment and Self-Employment Status of Individuals

The Chief Appeals Officer is required to make an annual report to the Minister on the activities of the Social Welfare Appeals Office in the previous year. Chapter 4 of the report for 2015 provides information on how the Office considers and determines insurability of employment appeals, including the case law context. https://www.socialwelfareappeals.ie/uploads/annrep15.pdf

As legal advice provided to the Social Welfare Appeals Office is confidential and privileged it is not proposed to release any legal advice received in relation to this matter.

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