Bernard Durkan (Kildare North, Fine Gael)
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312. To ask the Minister for Social Protection the applications for various social protection payments which are most commonly refused on application and referred to appeal or an oral hearing; the number of cases subsequently rejected or approved on appeal; and if he will make a statement on the matter. [36290/16]

Bernard Durkan (Kildare North, Fine Gael)
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321. To ask the Minister for Social Protection the number of oral hearings that have taken place in the past 12 months in respect of the various payments made by his Department to social protection recipients; the number of cases where the original decision was overturned arising from the hearing; and if he will make a statement on the matter. [36299/16]

Leo Varadkar (Dublin West, Fine Gael)
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I propose to take Questions Nos. 312 and 321 together.

The following tables provide the details which have been requested by the Deputy in respect of 2015 and to date in 2016.

The schemes with the highest number of appeals to the Social Welfare Appeals Office in 2015 and to date in 2016 were - disability allowance (6,435 in 2015/4,077 in 2016), carer’s allowance (3,188 in 2015/3,309 in 2016), jobseeker’s allowance - means (2,174 in 2015/1,772 in 2016), jobseeker’s allowance - payments (2,058 in 2015/1,739 in 2016), supplementary welfare allowance (2,125 in 2015/1,760 in 2016), invalidity pension (1,857 in 2015/1,168 in 2016) and domiciliary care allowance (1,258 in 2015/1,032 in 2016).

Details of appeal outcomes for the above schemes are set out in the following tables. Overall, 58.8% of the 25,406 appeals which were finalised in 2015 had a favourable outcome for the appellant, i.e. were either allowed in full or in part, or resolved by way of a revised decision by a Deciding Officer/Designated Person. To date in 2016, 58.7% of the 19,128 appeals finalised have had a favourable outcome for the appellant.

Of the 18,913 appeals which were finalised by Appeals Officers in 2015, 6,886 (36.4%) were determined following an oral hearing. 4,444 (64.5%) of these had a favourable outcome for the appellant. Of the 14,215 appeals finalised by Appeals Officers in 2016 5,362 (37.7%) were determined following an oral hearing. 3,485 (65%) of these had a favourable outcome for the appellant.

There are a number of reasons why a decision which was refused at first instance might be successful on appeal and it is not necessarily the case that the first decision was wrong.

Where new evidence is provided with an appeal the original decision may be revised by the Deciding Officer or Designated Person as was the case in some 35 per cent of favourable appeal outcomes in 2015. Where the decision was not revised in the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds and in addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may influence the outcome of the appeal.

Decisions concerning entitlement to a social welfare payment or insurability of employment often require a high level of judgment and may involve complex legal questions. The Courts have found that decision makers are required to be free and unrestricted in discharging their functions.

Where an appellant requests an oral hearing, the request is generally granted unless the Appeals Officer is of the opinion that the appeal can be allowed on a summary basis, or where there is clearly nothing to be gained by granting an oral hearing, for example where the appeal question relates to contribution conditions or means and the underlying PRSI contribution figures or means are not disputed. Social Welfare legislation provides that an Appeal Officer may determine an appeal without an oral hearing where s/he is of the opinion that it can be determined fairly on the basis of the documentary evidence provided. In general, where there is a conflict in the documentary evidence presented, an Appeals Officer will convene an oral hearing in order to explore the evidence and seek to resolve any conflict.

I trust this clarifies the matter for the Deputy.

Appeal Receipts 2015 – 2016

Outcome of Disability Allowance Appeals 2015– 2016

Outcome of Carer’s Allowance Appeals 2015– 2016

Outcome of Jobseeker’s Allowance (Means) Appeals 2015– 2016

Outcome of Jobseeker’s Allowance (Payments) Appeals 2015– 2016

Outcome of Supplementary Welfare Allowance Appeals 2015– 2016

Outcome of Invalidity Pension Appeals 2015– 2016

Outcome of Domiciliary Care Allowance Appeals 2015– 2016

Number and Outcome of Appeals Determined following Oral Hearings 2015

Number and Outcome of Appeals Determined following Oral Hearings 2016 (to 31/10/2016)