Joan Collins (Dublin South Central, United Left)
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33. To ask the Minister for Social Protection her views on the way her Department is addressing the high number of incorrect decisions at first instance by Department officials which have led to the high rate of 55% overturned on appeal. [4710/15]

Joan Burton (Dublin West, Labour)
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Decisions on social welfare schemes are made by Deciding Officers (DOs) and Designated Persons (DPs). They determine entitlement in accordance with the Social Welfare Consolidation Act, 2005 (as amended) and regulations. DOs/DPs will assist customers in making their applications but, as a matter of law, the burden of providing evidence to support a claim rests with customers. It is worth pointing out that the Department makes decisions on over two million claims across a range of schemes each year and DOs/DPs are very conscious of their obligations to customers and every effort is made to ensure people receive the entitlements due to them.

A customer who is not happy with the initial decision is entitled to seek either an internal review or to appeal to the Social Welfare Appeals Office (SWAO) and are advised of this.

Of the 38,421 appeals finalised by the SWAO in 2013, 55% (21,139) had a favourable outcome for the appellant in that the appeals were either allowed in full or in part or resolved by way of a revised decision by a Deciding Officer in favour of the appellant. However, this does not necessarily mean that the initial decision was incorrect. It is important to note that it is often the case that when customers appeal a decision, they submit new information, or new information comes to light at the oral appeal hearing. In particular, where a scheme involves illness, disability or caring conditions, there is often a second medical assessment submitted. These new facts often allow the Department to make a more favourable decision. In fact, 21% (8,062) of the appeals finalised by the SWAO in 2013 were finalised as a result of revised decisions being made by DOs or DPs in the Department and those cases then did not fall to be heard by an Appeals Officer.

The Department’s Fraud and Error surveys show a low level of departmental error most recently 0.04% and 0.01% in Widows and Jobseeker's Allowance scheme surveys. There were no errors identified in the Child Benefit survey.

Measures to minimise incorrect decisions in the first place include management checks at local level and ongoing improvement to guidelines and advice. The Department has begun a process of examining decision files, identifying common errors, and issuing staff bulletins to advise staff of best practice.

A major new training programme for DOs, DPs and others is also expected to lead to ongoing improvements in decision making.

There are regular meetings between the SWAO and officials of the Department to identify and resolve issues that give rise to appeals, in order to have more consistent application of the legislation and guidelines between the DWAO and the Department’s DOs and DPs.