Dáil Éireann Debate, Tuesday - 15 November 2022
386. Deputy Denis Naughten asked the Minister for Social Protection the number of oral appeals held by the social welfare appeals office in 2021 and to date in 2022, which were held remotely, aurally and physically in person respectively; the steps which are being taken to increase the number of decisions made by oral determination; and if she will make a statement on the matter. [56405/22]
Amharc ar fhreagraThe 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.
There is no absolute right to an oral hearing and a request for an oral hearing will not be necessarily granted in all cases.
In practice, in forming an opinion as to whether an appeal can properly be determined without an oral hearing an Appeals Officer will have regard to:
- the overall nature of the appeal and the question to be determined,
- any request that has been made for an oral hearing,
- whether there are unresolved conflicts in the documentary evidence presented by the parties as to any matter essential to the determination of the appeal,
- whether there are any disputes as to the facts or differing professional opinions.
This is not an exhaustive list and as Appeals Officer may determine an appeal on a summary basis it is important that all the documentary evidence and grounds relied on are submitted with the notice of appeal.
An oral hearing may be held virtually (online) or by phone. An in-person hearing will be held where it is deemed essential by the Appeals Officer.
The position in relation to the conducting of oral hearings is being kept under review by the Chief Appeals Officer.
The following table sets out the number of oral hearings that were held remotely (online), aurally (by phone) and in person in the year 2021 and to date in 2022.
I trust this clarifies the matter for the Deputy.
|
Oral Hearings 2021-2022 |
||||
|
2021 |
in person |
phone |
online |
Total |
|
|
96 |
424 |
530 |
1050 |
|
|
|
|
|
|
|
2022 |
in person |
phone |
online |
Total |
|
(end of October) |
48 |
235 |
449 |
732 |
