Richard Boyd Barrett
Ceist:465. Deputy Richard Boyd Barrett asked the Minister for Social Protection to review the time for appeals for social welfare disallowances; and if she will make a statement on the matter. [8219/23]
Amharc ar fhreagraTuesday, 21 February 2023
Ceisteanna (465)
Freagraí scríofa
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.
The statutory procedures for processing an appeal are provided for in the Social Welfare Consolidation Act 2005 and the Social Welfare (Appeals) Regulations, 1998. Notice of appeal must be made within 21 days of the notification of the Deciding Officer's/Designated Person’s decision (Section 311 and Article 9) but notice of appeal made after that period may be accepted with the approval of the Chief Appeals Officer (Article 9).
In exercising discretion under this provision, the Chief Appeals Officer will have regard to the facts of the case, the reasons for the delay, and the length of time that has elapsed since the notification of the decision of the Deciding Officer/Designated Person and the notification of appeal.
A review of appeals operations was carried out internally by the Department in 2019 and another by the Comptroller and Auditor General in 2021. These reviews identified the need to update the appeals Regulations to enable the improvement of processes. Consequently, changes to the Regulations are being drafted and include, amongst other things, an increase in the time allowed to give notice of appeal, from 21 days to 60 days, and up to 180 days in certain exceptional circumstances.
I trust this clarifies the matter for the Deputy.