Oireachtas Joint and Select Committees

Wednesday, 29 April 2015

Joint Oireachtas Committee on Education and Social Protection

Medical Eligibility Criteria for Social Protection Payments: Discussion

1:00 pm

Ms Catherine Kellaghan:

I will expand somewhat on the issue of application forms. The disability allowance, DA, form was revised and reprinted recently and has been distributed. However, it will probably take some time before it comes into general use because even though people have been told to get rid of old stocks of forms, they may still be using them. The new DA form requires people to give more detailed information in the context of their own assessment of their disabilities and how they are affected by them in their daily lives. We are hoping this will assist us in making better and more appropriate assessments. The form was also beefed up in terms of encouraging people to submit all relevant information at the outset. Without seeking to bore members, I reiterate that we perceive the quality and quantity of the information supplied as being key to our ability to make decisions in the first instance.

Another point that was raised relates to the DCA review process and how this will benefit carer's allowance, one of the schemes for which I have responsibility. As Mr. Kieran will attest, the group did a huge amount of work on this matter and put forward some excellent recommendations. The Department has taken what was learned on board and is applying it in respect of carer's allowance. We have already examined the procedures by means of which we review carer's allowance for carees or care recipients who are transitioning from DCA. As already stated, what we learned from the DCA review has been used to revise the process in question. All of our communications have been revised and updated in order that people will have a much clearer picture regarding what is happening, why it is happening and what is required of them. In addition, we have changed the process so that if it appears that a person is not going to qualify at first pass, he or she will remain in payment while we explore with him or her whether he or she possesses other information which might be of assistance to us in the context of making a decision. These developments, particularly that relating to the improvement in communications, have been quite well received because they have been of assistance to people. Now that the revised DA form is in circulation, we are examining the position in respect of the carer's allowance form with a view, perhaps, to giving people more opportunities to provide details of their day-to-day activities in the form of a care diary. Ms Cox referred to this in her opening statement.

The deciding officer is the key decision maker. Deputy O'Dea requested clarification with regard to where these officers stand vis-à-vismedical assessors. As he quite rightly pointed out, deciding officers do not have medical training. The Department, therefore, considers it appropriate that a deciding officer should obtain the opinion of a medical assessor in respect of the clinical information provided by a claimant in support of his or her application. To be absolutely clear, however, the final decision is made by the deciding officer. A deciding officer will not always go with the view put forward by the medical assessor. There are instances where, having reviewed the totality of the information provided, the officer will decide whether a person is eligible. Obviously, the officer must also decide on the other aspects of the claim, namely, the person's identity, his or her means, his or her habitual residence, etc. Deciding officers are, therefore, very much the key decision makers in the context of the medical and all other aspects of claims and they are supported in this regard.

On the issue of the high level of successful appeals, the appeals office plays a very important part in the decision-making process of the Department. It is there as a final port of call for someone who is not satisfied with the decision relating to his or her claim. The Department also has a decisions advisory office, the purpose of which is to consider the quality of all decisions - and not just those relating to medical matters - made by the Department. This office is obliged to liaise with the appeals office on various issues surrounding quality of decision-making. Information relating to any lessons learned is then fed back to deciding officers and they take it on board. I reiterate that an analysis of the numbers has not been carried out but that, as far as the Department is concerned, additional evidence which we did not get to see in the first instance is generally provided at the appeal stage. People who are called for oral hearings may bring with them additional information that can swing the decision in their favour on the day. I repeat that the Department takes on board all information garnered by means of the liaison process involving to the decisions advisory office and the appeals office.

On processing times, the numbers applying for disability allowance and carer's allowance are increasing. For example, the number of carer's allowance applications received in 2014 was almost 20% higher than that received in 2013. The figures continue to increase in 2015. This has placed a little extra pressure on us but we have allocated additional resources and we are working on reducing the amount of time it takes to process claims. However, some claims take longer than others to process. Again, it all depends on the quality and the quantity of the information we receive and the standard of the supporting documentation provided. We are working as hard as we can to improve the position for people.

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