Bernard Durkan (Kildare North, Fine Gael)
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401. To ask the Minister for Social Protection the applications for various social welfare payments which are most commonly refused on application and referred to appeal or oral hearing; the number of cases subsequently rejected or approved on appeal; and if he will make a statement on the matter. [18341/17]

Leo Varadkar (Dublin West, Fine Gael)
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The tables that follow provide the details which have been requested by the Deputy in respect of 2015, 2016 and to date in 2017.

The schemes with the highest number of appeals to the Social Welfare Appeals Office in 2015, 2016 and to end of March 2017 were - disability allowance (6,435 in 2015/4,912 in 2016/1,444 in 2017), carer’s allowance (3,188 in 2015/3,887 in 2016/1,003 in 2017), jobseeker’s allowance - means (2,174 in 2015/2,050 in 2016/440 in 2017), jobseeker’s allowance - payments (2,058 in 2015/2,031 in 2016/457 in 2017), supplementary welfare allowance (2,125 in 2015/1,970 in 2016/384 in 2017), invalidity pension (1,857 in 2015/1,362 in 2016/385 in 2017) and domiciliary care allowance (1,258 in 2015/1,198 in 2016/273 in 2017).

Details of appeal outcomes for the above schemes are set out in the tables attached. 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. 59.2% of the 23,220 appeals finalised in 2016 and 56.25% of the 5,000 appeals finalised to date in 2017 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 16,990 appeals finalised by Appeals Officers in 2016, 6,527 (38.4%) were determined following an oral hearing. 4,251 (65.1%) of these had a favourable outcome for the appellant. Of the 3,641 appeals finalised by Appeals Officers to the end of March 2017, 1,526 (41.9%) were determined following an oral hearing. (61.5%) 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. This was the case in some 35% of favourable appeal outcomes in 2015 and some 37% of favourable appeal outcomes in 2016. Where the decision is not revised in the Department in light of the appeal contentions, further evidence is often provided by the appellant as the appeal process proceeds. In addition, the Appeals Officer may gain insights when they meet the appellant in person at oral hearing which may also influence the outcome of the appeal.

Social Welfare legislation provides that an Appeals 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.

In addition, 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. An example of this would be where the appeal question relates to PRSI contribution conditions or means and the underlying PRSI contribution figures or means are not disputed.

I trust this clarifies the matter for the Deputy.

Appeal Receipts 2015 – 2017

* Previously called Respite Care Grant