Oireachtas Joint and Select Committees

Wednesday, 26 April 2023

Joint Oireachtas Committee on Social Protection

Draft Regulations on the Operation of the Social Welfare Appeals Office: Discussion

Mr. Brian Molloy:

I was previously the principal officer over the disability allowance, invalidity pension, partial capacity and disablement schemes.

I was also on the disability consultative forum. When redesigning the disability allowance form, we gave it out to forum members, something that had not been done historically. They were impressed that we had asked them to give us their input into how the questions should be framed. We reduced the form from, I believe, 32 pages to 21 pages to make it simpler and more straightforward. This has had an impact. To be honest with the committee, though, an error made in the first version of the revised document meant, it did not have an immediate impact, so we needed a second iteration to fix it.

We are engaged with users and advocacy groups on trying to make forms easier. I was not the principal officer over it, but we undertook a similar process with the carer's allowance form. There was a great deal of engagement with Family Carers Ireland and, on the doctors' side, the Irish Medical Organisation, IMO, to get their input on the questions, how they were framed and the information we were requesting.

As the Secretary General said, it is about a balance. A great deal of complex information needs to be gathered, but we are trying to do it as simply and easy as possible for the form's user and to make it non-complex. On an ongoing basis, we are trying to make the forms and the entire process easier for people. As principal officer over the areas in question, my direction to the deciding officers – I cannot direct them with regard to decision-making no more than I can on appeals – was that, if a case was close, they should award. If it is 50:50, they should award. Even if it is 51:49 against the claimant, they should award. The process is to try to ensure that everyone gets access to his or her entitlement. Ultimately, however, officers must operate within the legislation. The Secretary General mentioned how a large reform process of the long-term disability schemes was ongoing.

In terms of invalidity pension, there is the one year back, one year forward rule as well as the permanently incapable provision. If someone has been out of work for a year, is likely to be out of work for another year and has made the contributions, he or she can get the invalidity pension. It is not just for people who are permanently incapable and never going to work again. There are two definitions in the invalidity pension regulations.

I was going to pick up on the same point that Mr. McKeon referenced. My understanding is that, as with an applicant when a decision is being made in the first instance, we have always operated on the basis that someone can act on behalf of an appellant.

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