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Social Welfare Appeals

Dáil Éireann Debate, Tuesday - 24 May 2022

Tuesday, 24 May 2022

Ceisteanna (473, 474, 475)

Gary Gannon

Ceist:

473. Deputy Gary Gannon asked the Minister for Social Protection the number of persons currently waiting for an oral hearing for an appeal to the social welfare appeals office broken down by scheme; and the current waiting time. [26265/22]

Amharc ar fhreagra

Gary Gannon

Ceist:

474. Deputy Gary Gannon asked the Minister for Social Protection the number of persons who had an oral hearing for an appeal to the social welfare appeals office in 2020, 2021 and to date in 2022; the benefits and allowances being appealed; and the number of appeals in which there was a favourable decision for the applicant in each benefit and allowance. [26266/22]

Amharc ar fhreagra

Gary Gannon

Ceist:

475. Deputy Gary Gannon asked the Minister for Social Protection the average length of time that an oral hearing appeals to the social welfare appeals office lasts. [26267/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 473 to 475, inclusive, together.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

When an appeal is assigned to an Appeals Officer for consideration the Appeals Officer makes a summary decision on the appeal based on the documentary evidence presented or, if necessary, holds an oral hearing. The holding of an oral hearing is at the discretion of the Appeals Officer.

Oral hearings have been successfully conducted online and, as an alternative, by telephone since October 2020 and these types of hearings will continue. This remote hearing approach has proven to be an effective way of facilitating an oral hearing previously achieved through the holding of an in-person hearing. An in-person hearing will only be held in any case where it is deemed essential by the Appeals Officer.

It is not possible to state how many appeal cases may require an oral hearing at any one time. However, for those appeals where it is identified that an oral hearing is required, a hearing can generally be arranged within approximately two weeks. The length of time each individual oral hearing takes depends on a number of factors including the circumstances of the case and the number of attendees. A fairly typical hearing takes approximately an hour to conclude. The position in relation to the conducting of oral hearings is being kept under review by the Chief Appeals Officer.

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 High Court and decisions have to be formally written up to quasi-judicial standards.

Significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, average appeal processing times have generally improved between 2018 and 2021 from 30.0 weeks for an oral hearing in 2018 to 25.5 weeks in 2021, and from 24.8 weeks for a summary decision in 2018 to 13.9 weeks in 2021. The figures for the period January to April 2022 were 22.9 weeks for oral hearing decisions and 14.8 weeks for summary decisions.

The tables below provide the average appeal processing times for appeals by scheme type for the year to the end of April 2022. They also provide outcomes of oral hearings by scheme type in each year from 2020 to the end of April 2022.

Appeal Processing Times by Scheme 1 January 2022– 30 April 2022

-

Average processing times (weeks)Summary Decisions

Average processing times (weeks)Oral Hearings

Blind Pension

15.1

-

Back To Work Family Dividend

13.0

-

Carer’s Allowance

11.8

18.9

Carer’s Benefit

11.3

18.1

Carer’s Support Grant

12.1

34.3

Child Benefit

26.4

22.6

Death Benefit

4.9

-

Deserted Wife’s Benefit

11.3

18.7

Disability Allowance

11.2

18.5

Disablement Pension

19.8

34.7

Domiciliary Care Allowance

22.8

29.9

Farm Assist

16.5

16.6

Guardian's Payment (Contributory)

11.0

-

Guardian's Payment (Non-Contributory)

14.3

-

Illness Benefit

13.7

9.7

Insurability of Employment

165.2

62.6

Invalidity Pension

13.3

16.1

Jobseeker's Allowance (Means)

14.3

25.8

Jobseeker's Allowance (Payments)

12.0

52.6

Jobseeker's Benefit

13.4

23.6

Jobseeker's Benefit O65

11.8

-

Jobseeker's Benefit Self Employed

12.4

-

Jobseeker's Transitional

12.6

17.3

Liable Relatives

8.9

-

Maternity Benefit

10.4

20.9

Occupational Injury Benefit

18.6

-

One Parent Family Payment

17.4

22.9

Pandemic Unemployment Payment

18.1

-

Partial Capacity Benefit

11.0

14.4

Parents Benefit

9.5

-

Paternity Benefit

11.0

-

State Pension (Contributory)

17.4

29.5

State Pension (Non-Contributory)

24.9

31.0

Supplementary Welfare Allowance

12.5

23.8

Treatment Benefit

8.5

-

Widow/Widower's Pension (Contributory)

14.5

-

Widow/Widower's Pension (Non-Contributory)

13.8

-

Widowed Parent Grant

17.1

-

Working Family Payment

16.0

102.1

All Appeals

14.8

22.9

Outcome of Oral Hearing appeals 2020

Scheme

Allowed

Part allowed

Disallowed

Total

Blind Pension

0

1

1

2

Carer's Allowance

184

14

143

341

Carer's Benefit

8

1

3

12

Carer's Support Grant

7

1

7

15

Child Benefit

1

1

7

9

Deserted Wife’s Benefit

2

0

0

2

Disability Allowance

416

19

177

612

Disablement Pension

16

3

14

33

Domiciliary Care Allowance

131

1

51

183

Farm Assist

2

1

7

10

Guardians Pension (Contributory)

3

0

1

4

Guardians Pension (Non-Contributory)

2

0

1

3

Illness Benefit

14

2

6

22

Insurability

12

2

13

27

Invalidity Pension

108

0

46

154

Jobseeker's (Means)

17

9

23

49

Jobseeker's Allowance

18

7

39

64

Jobseeker's Benefit

6

0

3

9

Jobseeker's Transitional

1

0

2

3

Occupational Injury Benefit

2

0

2

4

One Parent Family Pension

6

2

5

13

Partial Capacity Benefit

9

1

3

13

State Pension (Contributory)

7

1

8

16

State Pension (Non-Contributory)

9

8

20

37

Supplementary Welfare Allowance

13

1

17

31

Widow’s/Widower’s Pension (Contributory)

1

0

2

3

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

1

1

1

3

Working Family Payment

16

2

20

38

Totals

1,012

78

622

1,712

Outcome of Oral Hearing appeals 2021

Scheme

Allowed

Part allowed

Disallowed

Total

Blind Pension

0

1

0

1

Carer's Allowance

144

20

84

248

Carer's Benefit

9

0

0

9

Carer's Support Grant

7

0

1

8

Child Benefit

4

2

2

8

Disability Allowance

226

16

75

317

Disablement Pension

14

0

9

23

Domiciliary Care Allowance

100

2

47

149

Farm Assist

1

0

1

2

Guardians Pension (Contributory)

3

0

2

5

Guardians Pension (Non-Contributory)

0

1

0

1

Illness Benefit

2

0

2

4

Insurability

7

1

1

9

Invalidity Pension

71

3

34

108

Jobseeker's (Means)

8

4

11

23

Jobseeker's Allowance

11

5

10

26

Jobseeker's Benefit

5

1

2

8

Jobseeker's Benefit Over 65

1

0

0

1

Jobseeker's Transitional

1

0

3

4

Maternity Benefit

1

0

0

1

Occupational Injury Benefit

1

0

0

1

One Parent Family Pension

5

2

5

12

Pandemic Unemployment Payment

1

0

0

1

Partial Capacity Benefit

5

0

3

8

State Pension (Contributory)

2

1

4

7

State Pension (Non-Contributory)

8

10

12

30

Supplementary Welfare Allowance

18

4

9

31

Widow’s/Widower’s Pension (Contributory)

0

1

0

1

Working Family Payment

4

0

0

4

Totals

659

74

317

1,050

Outcome of Oral Hearing appeals 2022 to end of April

Scheme

Allowed

Part allowed

Disallowed

Total

Carer's Allowance

43

2

23

68

Carer's Benefit

1

0

1

2

Carer's Support Grant

2

0

1

3

Child Benefit

1

0

0

1

Deserted Wife's Benefit

1

0

1

2

Disability Allowance

75

1

23

99

Disablement Pension

3

1

2

6

Domiciliary Care Allowance

17

0

20

37

Farm Assist

1

0

0

1

Illness Benefit

1

0

0

1

Insurability

3

0

2

5

Invalidity Pension

19

0

8

27

Jobseeker's (Means)

3

0

4

7

Jobseeker's Allowance

3

0

2

5

Jobseeker's Benefit

0

1

0

1

Jobseeker's Transitional

1

0

2

3

Maternity Benefit

1

0

0

1

One Parent Family Pension

3

0

1

4

Partial Capacity Benefit

1

0

0

1

State Pension (Contributory)

0

1

1

2

State Pension (Non-Contributory)

2

2

2

6

Supplementary Welfare Allowance

6

0

2

8

Working Family Payment

2

0

0

2

Totals

189

8

95

292

I trust this clarifies the matter for the Deputy.

Barr
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