Written answers

Tuesday, 19 June 2018

Department of Employment Affairs and Social Protection

Social Welfare Appeals Data

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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554. To ask the Minister for Employment Affairs and Social Protection the number of applications for various social welfare payments that have been refused in each of the past five years to date; the number referred for appeal; the extent to which appeals overturned the original decisions; and if she will make a statement on the matter. [26901/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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The number of refused applications, by scheme, for the past five years, and the number of appeals received in the same years, by outcome, are shown in the following tables.

Refused applications by scheme, 2013-2018

SchemeJan-May 201820172016201520142013
Illness Benefit20,44544,70946,11850,08361,16537,615
Occupational Injury Benefit1,0502,0191,6821,4701,8321,061
Maternity Benefit5821,5701,3701,5681,4581,343
Paternity Benefit*168542115N/AN/AN/A
Child Benefit Domestic346674801682549623
Treatment BenefitN/avail16,86317,72823,49524,71927,333
Working Family Payment (New)3,80810,0428,9159,2087,22510,082
Working Family Payment (Renewals)7,11217,51214,18811,5383,1492,787
Carer's Allowance3,8028,59911,1447,9207,0789,881
Disability Allowance5,36412,02212,02714,80012,62114,691
Invalidity Pension1,9384,5793,9095,0705,4968,546
State Pension Contributory (Irish)3,6829,4429,0519,0997,4046,991
Widow(er's) Contributory Pension4761,2401,4361,3611,2501,263
State Pension Non-Contributory8722,1392,3322,1882,3502351
Living Alone/Island Allowance6791,3471,5571,4031,4061,245
Free Travel1,0552,1932,5522,1032,4472,268
Domiciliary Care Allowance8962,1871,6832,1022,0242,442
Household Benefits6,99718,03016,80617,28214,45916,030
Supplementary Welfare Allowance Total3,01119,04318,67318,74122,11626,265
Of which, Basic Supplementary Welfare Allowance1,12028192,6932,6712,8503,413

*Paternity Benefit introduced on 1 September 2016

Appeals received and Outcome Decisions of Appeals Finalised (2013 – 2018)

Appeals
Appeal ReceiptsFinalisedFavourable DecisionsAppeals DisallowedWithdrawn
201332,77738,42121,13914,9852,297
201426,06931,21117,63611,7511,824
201524,47525,40614,9469,1671,293
201622,46123,22013,7548,3361,130
201719,65818,98011,4056,4341,141
2018
(to 31/5//2018)7,5667,5624,3462, 781435

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.

All claim decisions taken by the Department’s deciding officers are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded and just 1% are appealed.

The figures provided in the tables for appeals which had a favourable outcome for the appellant relate to appeals which were either allowed in full or in part by an Appeals Officer, or which were resolved by way of a revised decision in favour of the appellant by a Deciding Officer/Designated Person.

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 that, as a result, the original decision may be revised by the Deciding Officer or Designated Person. This was the case in 37.1% of favourable appeal outcomes in 2016 (5,100 cases), 37.6% of favourable appeal outcomes in 2017 (4,283 cases) and 34.7% of favourable appeals to date in 2018 (1,507 cases).

Where the decision was not revised by 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.

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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555. To ask the Minister for Employment Affairs and Social Protection the longest and shortest waiting times recorded in dealing with appeals in each of the past five years to date; and if she will make a statement on the matter. [26902/18]

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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558. To ask the Minister for Employment Affairs and Social Protection the steps she can take to ensure the time taken to deal with appeals is kept to a minimum, having particular regard to the hardship caused to those awaiting decisions over long periods which in some cases result in homelessness and desperation; and if she will make a statement on the matter. [26905/18]

Photo of Regina DohertyRegina Doherty (Meath East, Fine Gael)
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I propose to take Questions Nos. 555 and 558 together.

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.

All claim decisions taken by the Department’s Deciding Officers are appealable to the Chief Appeals Officer. In any year about 85% of all claims are awarded and just 1% are appealed. Nevertheless, the Department is concerned that these cases are dealt with as quickly as possible.

The average processing times for all appeals determined by Appeals Officers from 2013 to 2017 and to the end of May 2018 broken down by all social welfare scheme types are set out in the tables.

The Deputy will be aware that these times are averages only. Some straightforward appeals may take much less time than the average to be determined, while others can take considerably longer depending, for example, on the type and complexity of the case and whether an oral hearing is required.

In cases where new evidence is provided with an appeal the original decision may be revised by the Deciding Officer or Designated Person without the need for the case to be referred to an Appeals Officer.

The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with appeal officers being required to decide all appeals on a ‘de-novo’ basis. In addition, appeals decisions are themselves subject to review by the higher courts and decisions have to be formally written up to quasi-judicial standards.

Other factors that influence appeals processing times include the quality of the initial decision – in this respect the Department has changed the decisions process in respect of medical schemes, in order to provide more information to the claimant. I expect that this will help to reduce the number of appeals over time.

Significant efforts and resources have been devoted to reforming the appeal process in recent years. As a result, appeal processing times improved between 2011 and 2017 from 52.5 weeks for an oral hearing in 2011 to 26.4 weeks in 2017 and from 25.1 weeks for a summary decision in 2011 to 19.8 weeks in 2017. The most recent figures to the end of May 2018 are 30 weeks for an oral hearing and 24.6 weeks for a summary decision.

A number of new Appeals Officers have joined the Appeals Office over the past year to replace staff leaving on retirement. Given the complexity of the appeals process it takes some time for new staff to be trained up and develop expertise and this has led to somewhat longer processing times during this period. The Chief Appeals Officer has advised me that appeal processing times will continue to be a priority for her office.

Finally, it should be noted that an appellant can claim supplementary welfare allowance pending the outcome of their appeal and that any favourable decisions are backdated to the original date of the claim.

2013 - Appeals processing times by scheme 01/01/2013 – 31/12/2013

-Average processing times (weeks)

Summary Decisions
Average processing

times (weeks)

Oral Hearings
Adoptive Benefit34.2-
Blind Pension24.616.1
Carers Allowance27.933.5
Carers Benefit22.527.4
Child Benefit28.837.7
Disability Allowance29.036.2
Illness Benefit37.443.3
Domiciliary Care27.634.4
Deserted Wives Benefit31.626.1
Deserted Wives Allowance12.2-
Farm Assist23.028.2
Bereavement Grant26.712.4
Family Income Supplement30.741.0
Homemaker19.0-
Invalidity Pension35.042.5
Liable Relatives30.142.9
One Parent Family Payment29.438.3
Maternity Benefit28.450.0
Partial Capacity Benefit39.238.1
State Pension (Contributory)26.444.5
State Pension (Non-Cont)26.841.9
State Pension (Transition)23.743.2
Occupational Injury Benefit36.154.1
Disablement Pension30.736.9
Incapacity Supplement25.860.8
Guardian's Payment (Con)21.944.9
Guardian's Payment (Non-con)45.527.5
Jobseeker's Allowance (Means)21.229.7
Jobseeker's Allowance20.526.7
Jobseeker's Benefit21.128.9
Jobseeker's Fraud Control17.6101.8
Respite Care Grant28.633.1
Insurability of Employment35.878.4
Supplementary Welfare Allowance17.124.1
Treatment Benefits27.7-
Survivor's Pension (Con)26.439.2
Survivor's Pension (Non-Con)28.038.5
Widowed Parent Grant26.3-
All Appeals25.833.9

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

-Average processing times (weeks)

Summary Decisions
Average processing

times (weeks)

Oral Hearings
Adoptive Benefit17.1-
Blind Pension20.524.9
Carers Allowance30.134.4
Carers Benefit22.923.1
Child Benefit23.832.9
Disability Allowance20.826.7
Illness Benefit29.534.8
Domiciliary Care Allowance22.629.1
Deserted Wives Benefit-64.7
Deserted Wives Allowance-41.8
Farm Assist23.228.3
Bereavement Grant25.631.9
Family Income Supplement26.032.6
Invalidity Pension25.931.2
Liable Relatives21.533.2
One Parent Family Payment24.433.5
Maternity Benefit22.444.7
Partial Capacity Benefit48.548.5
State Pension (Contributory)25.241.9
State Pension (Non-Cont)20.329.4
State Pension (Transition)27.035.1
Occupational Injury Benefit33.633.7
Disablement Pension23.630.6
Occupational Injury Benefit (Medical)-53.9
Incapacity Supplement21.559.6
Guardian's Payment (Con)25.924.9
Guardian's Payment (Non-con)19.730.3
Pre Retirement Allowance17.3-
Jobseeker's Allowance (Means)18.127.5
Jobseeker's Allowance16.221.1
JA/JB Fraud Control12.1-
Jobseeker's Benefit16.721.1
Treatment Benefit20.8-
Respite Care Grant24.927.1
Insurability of Employment45.062.3
Supplementary Welfare Allowance14.422.1
Survivor's Pension (Con)20.232.5
Survivor's Pension (Non-Con)24.724.6
Widowed Parent Grant22.2-
All Appeals21.128.6

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

-Average processing times (weeks)

Summary Decisions
Average processing

times (weeks)

Oral Hearings
Blind Person’s Pension21.130.7
Carers Allowance20.625.9
Carers Benefit19.721.8
Child Benefit24.834.7
Disability Allowance15.821.4
Illness Benefit26.333.1
Partial Capacity Benefit25.743.4
Domiciliary Care Allowance21.728.7
Deserted Wives Benefit19.726.2
Deserted Wives Allowance-16.2
Farm Assist21.028.6
Bereavement Grant65.726.0
Death Benefit (Pension)-22.6
Family Income Supplement19.427.7
Invalidity Pension26.228.4
Liable Relatives22.831.2
Maternity Benefit22.617.5
One Parent Family Payment22.933.9
State Pension (Contributory)26.046.0
State Pension (Non-Contributory)20.430.8
State Pension (Transition)80.153.4
Occupational Injury Benefit20.335.0
Disablement Pension23.735.3
Incapacity Supplement41.251.5
Guardian's Payment (Con)18.227.5
Guardian's Payment (Non-Con)18.731.0
Jobseeker's Allowance (Means)15.826.0
Jobseeker's Allowance15.221.9
JA/JB Fraud Control -46.1
BTW Family Dividend14.1-
Jobseeker's Transitional12.921.3
Recoverable Benefits & Assistance21.030.3
Jobseeker's Benefit14.321.2
Pre-Retirement Allowance15.0-
Treatment Benefit17.9-
Carer’s Support Grant *21.223.6
Insurability of Employment47.669.4
Supplementary Welfare Allowance13.123.5
Survivor's Pension (Con)24.146.6
Survivor's Pension (Non-con)23.738.3
Widows Parent Grant18.4-
All Appeals18.125.5

* Previously called Respite Care Grant

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

-Average processing times (weeks)

Summary Decisions
Average processing

times (weeks)

Oral Hearings
Blind Person’s Pension18.233.8
Carers Allowance17.621.6
Carers Benefit20.722.4
Child Benefit22.138.2
Disability Allowance14.620.1
Illness Benefit27.234.3
Partial Capacity Benefit27.333.6
Domiciliary Care Allowance24.330.6
Deserted Wives Benefit13.032.8
Farm Assist21.926.0
Bereavement Grant23.1-
Death Benefit (Pension)19.7-
Liable Relatives14.016.9
Family Income Supplement20.425.5
Invalidity Pension21.328.2
Maternity Benefit18.921.7
One Parent Family Payment21.731.9
State Pension (Contributory)25.645.9
State Pension (Non-Contributory)22.732.9
State Pension (Transition)67.761.3
Occupational Injury Benefit25.031.9
Disablement Pension25.826.8
Incapacity Supplement27.750.9
Guardian's Payment (Con)15.824.5
Guardian's Payment (Non-Con)18.423.3
Jobseeker's Allowance (Means)16.725.5
Jobseeker's Allowance16.020.9
BTW Family Dividend21.0-
Jobseeker's Transitional19.022.3
Recoverable Benefits & Assistance32.531.6
Jobseeker's Benefit16.027.2
Treatment Benefit17.1-
Carer’s Support Grant *18.123.3
Insurability of Employment36.685.7
Supplementary Welfare Allowance15.024.1
Survivor's Pension (Con)16.628.8
Survivor's Pension (Non-con)18.423.4
Widows Parent Grant23.563.8
All Appeals17.624.1

* Previously called Respite Care Grant

Appeal Processing Times by Scheme 01 January 2017- 31 December 2017

-Average processing times (weeks)

Summary Decisions
Average processing

times (weeks)

Oral Hearings
Adoptive Benefit13.4-
Blind Person’s Pension 20.124.4
Carers Allowance21.724.0
Carers Benefit17.821.3
Child Benefit22.832.4
Disability Allowance17.324.1
Illness Benefit28.030.6
Partial Capacity Benefit33.335.7
Domiciliary Care Allowance27.234.4
Deserted Wife's Benefit13.127.7
Farm Assist20.725.8
Bereavement Grant15.1-
Family Income Supplement22.934.6
Invalidity Pension16.923.7
Liable Relatives25.324.0
Maternity Benefit18.819.3
Paternity Benefit18.3-
One Parent Family Payment26.134.7
State Pension (Contributory)32.145.7
State Pension (Non-Contributory)25.935.3
State Pension (Transition)60.4-
Occupational Injury Benefit20.026.4
Disablement Pension25.028.3
OIB-Medical Care-27.3
Incapacity Supplement47.837.2
Guardian's Payment (Con)23.727.0
Guardian's Payment (Non-Con)16.023.1
Jobseeker's Allowance (Means)19.627.3
Jobseeker's Allowance18.324.8
BTW Family Dividend19.827.5
Jobseeker's Transitional22.123.2
Recoverable Benefits & Assistance27.4-
Jobseeker's Benefit20.624.2
Carer’s Support Grant *18.525.6
Treatment Benefit14.0-
Insurability of Employment42.890.4
Supplementary Welfare Allowance16.425.8
Survivor's Pension (Con)23.044.7
Survivor's Pension (Non-con)23.324.7
Widowed Parent Grant19.5-
All Appeals19.826.4

* Previously called Respite Care Grant

Appeal Processing Times by Scheme 01 January 2018 - 31 May 2018

-Average processing times (weeks)

Summary Decisions
Average processing

times (weeks)

Oral Hearings
Blind Pension15.7-
Carers Allowance24.228.0
Carers Benefit20.527.2
Child Benefit36.549.4
Disability Allowance17.925.9
Illness Benefit30.537.9
Partial Capacity Benefit31.721.3
Domiciliary Care Allowance31.236.2
Deserted Wife's Benefit-30.5
Farm Assist41.439.4
Working Family Payment 29.131.6
Invalidity Pension23.724.1
Liable Relatives-30.7
Maternity Benefit26.738.8
Paternity Benefit27.720.6
One Parent Family Payment25.340.5
State Pension (Contributory)39.248.2
State Pension (Non-Contributory)30.538.9
Occupational Injury Benefit38.160.8
Disablement Pension35.729.6
Guardian's Payment (Contributory)30.732.4
Guardian's Payment (Non-Con)10.437.3
Jobseeker's Allowance (Means)31.535.7
Jobseeker's Allowance (Payments)25.430.4
BTW Family Dividend32.2-
Jobseeker's Transitional39.530.5
Recoverable Benefits & Assistance46.6-
Pre-Retirement Allowance64.029.9
Jobseeker's Benefit24.626.7
Carer’s Support Grant 27.528.7
Incapacity Supplement-29.0
Insurability of Employment48.881.5
Supplementary Welfare Allowance22.228.3
Survivor's Pension (Contributory)39.222.4
Survivor's Pension (Non-Con)34.623.4
Widowed Parent Grant35.8-
All Appeals24.630.0

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