Bernard Durkan (Kildare North, Fine Gael)
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512. To ask the Minister for Employment Affairs and Social Protection the number of appeals in respect of various payments awaiting a decision for more than two months; and if she will make a statement on the matter. [51212/17]

Regina Doherty (Meath East, Fine Gael)
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The table below provide the details which have been requested by the Deputy in respect of pending appeals.

Of the 8,898 appeals presently on hand, 4,025 (45.2%) were registered prior to 1 October 2017. Of these, 1,817 (45.1 %) are currently with the Department for review and/or the preparation of the Deciding Officer/Designated Person’s appeal submission and 2,184 (54.3%) are presently with the appeals office.

The quasi-judicial nature of the appeal system impacts on appeal processing times which are proportionate to the complexity of many of the issues under appeal and often require a high level of judgement, in addition to the need to ensure due process and natural justice.

The time taken to determine an appeal reflects all aspects of the appeal process including the time spent in the Department reviewing the decision in light of the appeal contentions and/or preparing the appeal submission. As at the end of October 2017, 41% of appeals which had a favourable outcome for the appellant resulted from revised decisions taken by Deciding Officers/Designated Persons at this stage of the appeal process.

Where a decision is not revised by the Department, the file and Deciding Officer/Designated Person’s submission is forwarded to the Appeals Office for consideration by an Appeals Officer. Of the 10,786 appeals which had been finalised by Appeals Officers to the end of October 2017, 42% (4,554) were determined by way of oral hearing and 57.8% (6,232) were determined by way of summary decision.

Where an oral hearing is required the logistics involved in scheduling the hearing and giving the appellant and any other witnesses, adequate notice unavoidably adds to the timeframe involved.

I trust this clarifies the matter for the Deputy

Appeals Registered prior to 1 October 2017

Bernard Durkan (Kildare North, Fine Gael)
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513. To ask the Minister for Employment Affairs and Social Protection the number of appeal decisions in respect of various refusals for payments that have been overturned on appeal; and if she will make a statement on the matter. [51213/17]

Regina Doherty (Meath East, Fine Gael)
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The tables below provide the details which have been requested by the Deputy in respect of 2016 and to end of October 2017.

Overall, 59.2% of the 23,220 appeals which were finalised in 2016 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 2017, 59.4% of the 15,551 appeals finalised have 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 37 per cent of favourable appeal outcomes in 2016 and 41% of favourable appeal outcomes to end of October 2017. 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.

I trust this clarifies the matter for the Deputy.

Outcome of Appeals by Category 2016

Outcome of Appeals by Category 2017 (to end of October)