Bernard Durkan (Kildare North, Fine Gael)
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261. To ask the Minister for Employment Affairs and Social Protection the number of appeals arising from claims of cohabitation received in her Department in each of the past five years to date; the number of cases in which the decision was overturned in favour of the applicant; the number rejected; and if she will make a statement on the matter. [19512/18]

Regina Doherty (Meath East, Fine Gael)
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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.

While the scheme type is recorded when an appeal is registered, the issue under appeal is only recorded when an appeal is decided by an Appeals Officer. This is because it is only when all the facts of the case have been considered that the issue under appeal can be correctly recorded.

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 incorrect. It is often the case that new evidence is provided with an appeal 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.

The table below details the outcomes of appeals decided by Appeals Officers where the issue under appeal was cohabitation for the years 2013 to 2017 and to the end of April 2018.

I trust this clarifies the matter for the Deputy.

Outcome of Appeals Decided by Appeals Officers where the Issue under Appeal was Cohabitation 2013 – 2018