Dáil debates

Wednesday, 30 March 2011

Other Questions

Social Welfare Appeals

3:00 pm

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 28: To ask the Minister for Social Protection the current average and longest waiting times for social welfare appeals against refusals under the various schemes [6010/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The current average times to process social welfare appeals, by scheme, based on figures for 2010 are given in the detailed table following this reply, which I will not read out unless Deputy Kelleher really wants me to. The figures include cases revised by deciding officers of the Department in addition to those decided by appeals officers. There are no figures readily available for the longest waiting times in each scheme. I am informed by the Social Welfare Appeals Office that the overall average waiting time for an appeal dealt with by way of a summary decision in 2010 was 27 weeks, while the average time to process an oral hearing was almost 46 weeks. These processing times are calculated from the registration date of the appeal to the date of its finalisation. These include all activities during this period including time spent in the Department for comments by the deciding officer on the grounds of appeal put forward by the appellant and any further investigation, examination or assessment by the Department's inspectors and medical assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in the oral hearing. In order to be fair to all appellants, the appeals are dealt with in strict chronological order.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office between 2007, when the intake was 14,070, and 2010, when the intake rose to 32,432. The Department estimates some 30,000 appeals will be lodged this year. The Department has made nine additional appointments to the office in recent weeks. Of these, three appointments are permanent assignments and six are temporary assignments for a period of two years, subject to review. These assignments will augment the three appointments made to the office in 2010, bringing the total number of appeals officers serving in the office to 29. In addition, since July 2010, eight retired appeals officers, equating to a further three full-time officers, have been assisting on a strictly temporary basis with the backlog of appeals and it is intended that they will be employed until the end of this year.

Additional information not given on the floor of the House

Average time take to process appeals by scheme in 2010
Adoptive Benefit32.6
Blind Pension32.1
Carers Allowance29.9
Carers Benefit25.4
Child Benefit51.5
Disability Allowance35.0
Illness Benefit37.4
Domiciliary Care29.7
Deserted Wives Benefit31.5
Farm Assist30.7
Bereavement Grant21.4
Family Income Supplement21.6
Homemakers15.3
Invalidity Pension40.9
Liable Relatives22.9
One Parent Family Payment30.2
Maternity Benefit22.4
State Pension (Contributory)31.2
State Pension (Non-Cont)35.6
State Pension (Transition)23.7
Occupational Injury Benefit39.2
Occupational Injury Ben (Med)37.6
Disablement Pension34.4
Death Benefit (Pension)69.6
Incapacity Supplement26.9
Guardian's Payment (Con)35.8
Guardian's Payment (Non Con)27.3
Pre-Retirement Allowance6.5
Jobseeker's Allow (Means)30.1
Jobseeker's Allowance28.1
Jobseeker's Benefit26.0
Respite Care Grant32.9
Insurability of Employment41.3
Supplementary Welfare All19.3
Treatment Benefits38.8
Widow's Pension (Con)37.2
Widow's Pension (Non Con)32.8
Widows Parent Grant20.9

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Domiciliary care allowance is listed in the table. Before the election, I was told the appeals took an average of 49 weeks, almost a year. My office contacted the Department the week before last and was told that appeals submitted 17 months ago are now being assessed. A period of 17 months is unacceptable. Domiciliary care allowance is a small payment but for many people, especially when a child's disability has come to light, it can be quite overbearing. Waiting for a refusal of such payment is ridiculous. Should a review of the scheme be conducted? Is the Minister aware of the success rates of appeals? An increasing rate of successful appeals indicates a problem earlier in the system that should be addressed. The deciding officers at the initial phase need to spend more time examining the case files so they do not clog up the system later. In this case it is a small payment but in other social welfare cases people's lives depend on the payment so they can pay bills, maintain a roof over their heads and ensure their children can go to school.

I acknowledge the changes that have been brought about. Hopefully the temporary and permanent staff will have a substantial impact. An appeals process of three or four months, rather than nearly a year, is acceptable

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The current information on appeals is 29.7 weeks, a lengthy period of time in respect of domiciliary care allowance. Parents applying for this allowance for the first time can encounter significant difficulties. I told Deputy Kelleher earlier that, on taking up office, one of the first things I arranged to do was to meet the people in the management of the Social Welfare Appeals Office, with a view to seeing how we could deal with the appeals in a much speedier fashion. One part of that is the appointment of additional staff and I am confident that it will result in a significant improvement in the situation.

The second issue, being examined by the chief appeals officer, is to speed up the process by having more summary decision making. The required information must be in order so the appeals officer is in a position to make a decision because 42% of appeals are ultimately granted, which is a very high rate of successful appeal. If we could get more of the appeals dealt with by summary examination of the files and decision by the appeals officer that would significantly reduce the time, particularly when those people will go on to have an oral hearing and will have the appeal granted in any event. I will return to the Deputy on the matter. I am sure we will talk on the matter again.

I am aware of the difficulties experienced by people in the appeals process, in particular with important assistance such as the domiciliary care allowance. Today I was involved in the launch of the national advocacy scheme which is under the auspices of the Citizens Information Board. There is a very enthusiastic team of people in five regions in the country who will assist in advocacy. That will be a valuable additional source of information and advice for people involved in domiciliary care allowance appeals and requests.