Bernard Durkan (Kildare North, Fine Gael)
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583. 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 in the past four years to date; and if she will make a statement on the matter. [8819/18]

Regina Doherty (Meath East, Fine Gael)
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I understand the Deputy’s question relates to the outcome of appeals made to the Social Welfare Appeals Office over the past four years.

The Social Welfare Appeals Office functions independently of the Minister for Employment Affairs and Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The tables below provide the details which have been requested by the Deputy from 2014 to 2017.

Overall, 60.1% of the 18,980 appeals which were finalised in 2017 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. The equivalent figures for the previous years were 2016 (59.2%), 2015 (58.8%) and 2014 (56.5%).

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 both 2017 and 2016, some 35% in 2015 and some 30% in 2014. 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 2014