Bernard Durkan (Kildare North, Fine Gael)
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310. To ask the Minister for Social Protection the number of appeals against decisions made for various payments and entitlements which have been allowed; the number of cases in which the original decision of the appeals officer has been overturned; and if he will make a statement on the matter. [24062/17]

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

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 57.2% of the 6,346 appeals finalised to date in 2017 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, some 37% of favourable appeal outcomes in 2016 and some 39% to date in 2017. 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.

Statistics are not maintained separately in respect of those appeals where the decision of an Appeals Officer to disallow an appeal is subsequently revised by an Appeals Officer under Section 317 of the Social Welfare (Consolidation) Act 2005 where new facts or evidence have been provided which were not before the Appeals Officer when the original decision was made. These cases are captured under the headings of ‘allowed’ or ‘partially allowed’ in the tables below.

The Deputy will be aware that the Chief Appeals Officer may revise a decision of an Appeals Officer under Section 318 of the Social Welfare (Consolidation) Act 2005 where it has been established that in making the decision the Appeals Officer made an error in relation to the law or the facts. A table detailing the outcome of reviews by the Chief Appeals Officer under Section 318 is also included below. The following tables detailing favourable appeal outcomes also reflect those decisions which were revised by the Chief Appeals Officer in favour of an appellant under Section 318.

I trust this clarifies the matter for the Deputy.