Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

1279. To ask the Minister for Employment Affairs and Social Protection if the appeals in respect of various decisions in regard to payments made by her Department are dealt with expeditiously; if payment will continue while the case is on appeal; and if she will make a statement on the matter. [47112/17]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I am advised by the Chief Appeals Officer that the management of appeal processing times is a key priority which is kept under constant scrutiny. Tables showing the average appeal processing times for all appeals determined from 2014 to date in 2017 broken down by all social welfare scheme types are attached below.

The Deputy will be aware from previous replies that significant effort and resources have been devoted over the past number of years to reforming the appeals process in order to finalise appeals as quickly and effectively as possible, while recognising the need to ensure that quality and fairness are not compromised. As a result appeal processing times improved year on year between 2011/2012 and 2016 as evidenced in the attached tables. For example, the average time taken to determine an appeal requiring an oral hearing reduced from 52.5 weeks in 2011 to 28.6 weeks in 2014, 25.5 weeks in 2015 and 24.1 weeks in 2016. The average time taken to finalise an appeal decided by way of a summary decision reduced from 25.1 weeks in 2011 to 21.1 weeks in 2014, 18.1 weeks in 2015, and 17.6 weeks in 2016.

I understand from the Chief Appeals Officer that there has been a slight increase in overall appeal processing times to date in 2017 with appeals requiring an oral hearing taking an average of 26 weeks and summary decisions taking 20 weeks to finalise. However she is hopeful that this will be addressed in the coming months as a number of newly appointed Appeals Officers who have replaced officers who retired become more experienced in their roles.

The time taken to process an appeal reflects all aspects of the appeal process including the time spent in the Department preparing the appeal submission. The quasi-judicial nature of the system impacts on appeal processing times which are proportionate to the complexity of many of the issues under appeal which often require a high level of judgment, in addition to the need to ensure due process and natural justice.

The Deputy will be aware that where a claimant has been refused a payment and is appealing the decision, the payment in question does not continue pending the completion of the appeal process. In the event that the appeal is successful, the payment will be reinstated with effect from the date it was withdrawn. However, if a person is appealing a decision and their means are insufficient to meet their needs pending the outcome of the appeal process, it is open to that person to apply at their local Intreo Centre for Supplementary Welfare Allowance in the interim. If their application for Supplementary Welfare Allowance is not successful, they can also appeal that decision. Supplementary Welfare Allowance appeals are prioritised for attention within the Social Welfare Appeals Office as soon as the appeal file and submission are received from the Department.

The Chief Appeals Officer has advised me that every effort will continue to be made to improve appeal processing times.

I trust this clarifies the matter for the Deputy.

Appeals processing times by scheme 01/01/2014 – 31/12/14

* Previously called Respite Care Grant

Appeals processing times by scheme 01/01/2015 – 31/12/2015

* Previously called Respite Care Grant

Appeal processing times by scheme 01/01/2016 – 31/12/2016

* Previously called Respite Care Grant

Appeal processing times by Scheme 01 January 2017- 31 October 2017

* Previously called Respite Care Grant