Written answers
Tuesday, 19 June 2018
Department of Employment Affairs and Social Protection
Social Welfare Appeals Data
Bernard 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]
Regina 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
Scheme | Jan-May 2018 | 2017 | 2016 | 2015 | 2014 | 2013 |
---|---|---|---|---|---|---|
Illness Benefit | 20,445 | 44,709 | 46,118 | 50,083 | 61,165 | 37,615 |
Occupational Injury Benefit | 1,050 | 2,019 | 1,682 | 1,470 | 1,832 | 1,061 |
Maternity Benefit | 582 | 1,570 | 1,370 | 1,568 | 1,458 | 1,343 |
Paternity Benefit* | 168 | 542 | 115 | N/A | N/A | N/A |
Child Benefit Domestic | 346 | 674 | 801 | 682 | 549 | 623 |
Treatment Benefit | N/avail | 16,863 | 17,728 | 23,495 | 24,719 | 27,333 |
Working Family Payment (New) | 3,808 | 10,042 | 8,915 | 9,208 | 7,225 | 10,082 |
Working Family Payment (Renewals) | 7,112 | 17,512 | 14,188 | 11,538 | 3,149 | 2,787 |
Carer's Allowance | 3,802 | 8,599 | 11,144 | 7,920 | 7,078 | 9,881 |
Disability Allowance | 5,364 | 12,022 | 12,027 | 14,800 | 12,621 | 14,691 |
Invalidity Pension | 1,938 | 4,579 | 3,909 | 5,070 | 5,496 | 8,546 |
State Pension Contributory (Irish) | 3,682 | 9,442 | 9,051 | 9,099 | 7,404 | 6,991 |
Widow(er's) Contributory Pension | 476 | 1,240 | 1,436 | 1,361 | 1,250 | 1,263 |
State Pension Non-Contributory | 872 | 2,139 | 2,332 | 2,188 | 2,350 | 2351 |
Living Alone/Island Allowance | 679 | 1,347 | 1,557 | 1,403 | 1,406 | 1,245 |
Free Travel | 1,055 | 2,193 | 2,552 | 2,103 | 2,447 | 2,268 |
Domiciliary Care Allowance | 896 | 2,187 | 1,683 | 2,102 | 2,024 | 2,442 |
Household Benefits | 6,997 | 18,030 | 16,806 | 17,282 | 14,459 | 16,030 |
Supplementary Welfare Allowance Total | 3,011 | 19,043 | 18,673 | 18,741 | 22,116 | 26,265 |
Of which, Basic Supplementary Welfare Allowance | 1,120 | 2819 | 2,693 | 2,671 | 2,850 | 3,413 |
*Paternity Benefit introduced on 1 September 2016
Appeals received and Outcome Decisions of Appeals Finalised (2013 – 2018)
Appeals | |||||
---|---|---|---|---|---|
Appeal Receipts | Finalised | Favourable Decisions | Appeals Disallowed | Withdrawn | |
2013 | 32,777 | 38,421 | 21,139 | 14,985 | 2,297 |
2014 | 26,069 | 31,211 | 17,636 | 11,751 | 1,824 |
2015 | 24,475 | 25,406 | 14,946 | 9,167 | 1,293 |
2016 | 22,461 | 23,220 | 13,754 | 8,336 | 1,130 |
2017 | 19,658 | 18,980 | 11,405 | 6,434 | 1,141 |
2018 | |||||
(to 31/5//2018) | 7,566 | 7,562 | 4,346 | 2, 781 | 435 |
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.
Bernard 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]
Bernard 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]
Regina 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 Benefit | 34.2 | - |
Blind Pension | 24.6 | 16.1 |
Carers Allowance | 27.9 | 33.5 |
Carers Benefit | 22.5 | 27.4 |
Child Benefit | 28.8 | 37.7 |
Disability Allowance | 29.0 | 36.2 |
Illness Benefit | 37.4 | 43.3 |
Domiciliary Care | 27.6 | 34.4 |
Deserted Wives Benefit | 31.6 | 26.1 |
Deserted Wives Allowance | 12.2 | - |
Farm Assist | 23.0 | 28.2 |
Bereavement Grant | 26.7 | 12.4 |
Family Income Supplement | 30.7 | 41.0 |
Homemaker | 19.0 | - |
Invalidity Pension | 35.0 | 42.5 |
Liable Relatives | 30.1 | 42.9 |
One Parent Family Payment | 29.4 | 38.3 |
Maternity Benefit | 28.4 | 50.0 |
Partial Capacity Benefit | 39.2 | 38.1 |
State Pension (Contributory) | 26.4 | 44.5 |
State Pension (Non-Cont) | 26.8 | 41.9 |
State Pension (Transition) | 23.7 | 43.2 |
Occupational Injury Benefit | 36.1 | 54.1 |
Disablement Pension | 30.7 | 36.9 |
Incapacity Supplement | 25.8 | 60.8 |
Guardian's Payment (Con) | 21.9 | 44.9 |
Guardian's Payment (Non-con) | 45.5 | 27.5 |
Jobseeker's Allowance (Means) | 21.2 | 29.7 |
Jobseeker's Allowance | 20.5 | 26.7 |
Jobseeker's Benefit | 21.1 | 28.9 |
Jobseeker's Fraud Control | 17.6 | 101.8 |
Respite Care Grant | 28.6 | 33.1 |
Insurability of Employment | 35.8 | 78.4 |
Supplementary Welfare Allowance | 17.1 | 24.1 |
Treatment Benefits | 27.7 | - |
Survivor's Pension (Con) | 26.4 | 39.2 |
Survivor's Pension (Non-Con) | 28.0 | 38.5 |
Widowed Parent Grant | 26.3 | - |
All Appeals | 25.8 | 33.9 |
Appeals processing times by scheme 01/01/2014 – 31/12/14
- | Average processing times (weeks) Summary Decisions | Average processing times (weeks) Oral Hearings |
---|---|---|
Adoptive Benefit | 17.1 | - |
Blind Pension | 20.5 | 24.9 |
Carers Allowance | 30.1 | 34.4 |
Carers Benefit | 22.9 | 23.1 |
Child Benefit | 23.8 | 32.9 |
Disability Allowance | 20.8 | 26.7 |
Illness Benefit | 29.5 | 34.8 |
Domiciliary Care Allowance | 22.6 | 29.1 |
Deserted Wives Benefit | - | 64.7 |
Deserted Wives Allowance | - | 41.8 |
Farm Assist | 23.2 | 28.3 |
Bereavement Grant | 25.6 | 31.9 |
Family Income Supplement | 26.0 | 32.6 |
Invalidity Pension | 25.9 | 31.2 |
Liable Relatives | 21.5 | 33.2 |
One Parent Family Payment | 24.4 | 33.5 |
Maternity Benefit | 22.4 | 44.7 |
Partial Capacity Benefit | 48.5 | 48.5 |
State Pension (Contributory) | 25.2 | 41.9 |
State Pension (Non-Cont) | 20.3 | 29.4 |
State Pension (Transition) | 27.0 | 35.1 |
Occupational Injury Benefit | 33.6 | 33.7 |
Disablement Pension | 23.6 | 30.6 |
Occupational Injury Benefit (Medical) | - | 53.9 |
Incapacity Supplement | 21.5 | 59.6 |
Guardian's Payment (Con) | 25.9 | 24.9 |
Guardian's Payment (Non-con) | 19.7 | 30.3 |
Pre Retirement Allowance | 17.3 | - |
Jobseeker's Allowance (Means) | 18.1 | 27.5 |
Jobseeker's Allowance | 16.2 | 21.1 |
JA/JB Fraud Control | 12.1 | - |
Jobseeker's Benefit | 16.7 | 21.1 |
Treatment Benefit | 20.8 | - |
Respite Care Grant | 24.9 | 27.1 |
Insurability of Employment | 45.0 | 62.3 |
Supplementary Welfare Allowance | 14.4 | 22.1 |
Survivor's Pension (Con) | 20.2 | 32.5 |
Survivor's Pension (Non-Con) | 24.7 | 24.6 |
Widowed Parent Grant | 22.2 | - |
All Appeals | 21.1 | 28.6 |
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 Pension | 21.1 | 30.7 |
Carers Allowance | 20.6 | 25.9 |
Carers Benefit | 19.7 | 21.8 |
Child Benefit | 24.8 | 34.7 |
Disability Allowance | 15.8 | 21.4 |
Illness Benefit | 26.3 | 33.1 |
Partial Capacity Benefit | 25.7 | 43.4 |
Domiciliary Care Allowance | 21.7 | 28.7 |
Deserted Wives Benefit | 19.7 | 26.2 |
Deserted Wives Allowance | - | 16.2 |
Farm Assist | 21.0 | 28.6 |
Bereavement Grant | 65.7 | 26.0 |
Death Benefit (Pension) | - | 22.6 |
Family Income Supplement | 19.4 | 27.7 |
Invalidity Pension | 26.2 | 28.4 |
Liable Relatives | 22.8 | 31.2 |
Maternity Benefit | 22.6 | 17.5 |
One Parent Family Payment | 22.9 | 33.9 |
State Pension (Contributory) | 26.0 | 46.0 |
State Pension (Non-Contributory) | 20.4 | 30.8 |
State Pension (Transition) | 80.1 | 53.4 |
Occupational Injury Benefit | 20.3 | 35.0 |
Disablement Pension | 23.7 | 35.3 |
Incapacity Supplement | 41.2 | 51.5 |
Guardian's Payment (Con) | 18.2 | 27.5 |
Guardian's Payment (Non-Con) | 18.7 | 31.0 |
Jobseeker's Allowance (Means) | 15.8 | 26.0 |
Jobseeker's Allowance | 15.2 | 21.9 |
JA/JB Fraud Control | - | 46.1 |
BTW Family Dividend | 14.1 | - |
Jobseeker's Transitional | 12.9 | 21.3 |
Recoverable Benefits & Assistance | 21.0 | 30.3 |
Jobseeker's Benefit | 14.3 | 21.2 |
Pre-Retirement Allowance | 15.0 | - |
Treatment Benefit | 17.9 | - |
Carer’s Support Grant * | 21.2 | 23.6 |
Insurability of Employment | 47.6 | 69.4 |
Supplementary Welfare Allowance | 13.1 | 23.5 |
Survivor's Pension (Con) | 24.1 | 46.6 |
Survivor's Pension (Non-con) | 23.7 | 38.3 |
Widows Parent Grant | 18.4 | - |
All Appeals | 18.1 | 25.5 |
* 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 Pension | 18.2 | 33.8 |
Carers Allowance | 17.6 | 21.6 |
Carers Benefit | 20.7 | 22.4 |
Child Benefit | 22.1 | 38.2 |
Disability Allowance | 14.6 | 20.1 |
Illness Benefit | 27.2 | 34.3 |
Partial Capacity Benefit | 27.3 | 33.6 |
Domiciliary Care Allowance | 24.3 | 30.6 |
Deserted Wives Benefit | 13.0 | 32.8 |
Farm Assist | 21.9 | 26.0 |
Bereavement Grant | 23.1 | - |
Death Benefit (Pension) | 19.7 | - |
Liable Relatives | 14.0 | 16.9 |
Family Income Supplement | 20.4 | 25.5 |
Invalidity Pension | 21.3 | 28.2 |
Maternity Benefit | 18.9 | 21.7 |
One Parent Family Payment | 21.7 | 31.9 |
State Pension (Contributory) | 25.6 | 45.9 |
State Pension (Non-Contributory) | 22.7 | 32.9 |
State Pension (Transition) | 67.7 | 61.3 |
Occupational Injury Benefit | 25.0 | 31.9 |
Disablement Pension | 25.8 | 26.8 |
Incapacity Supplement | 27.7 | 50.9 |
Guardian's Payment (Con) | 15.8 | 24.5 |
Guardian's Payment (Non-Con) | 18.4 | 23.3 |
Jobseeker's Allowance (Means) | 16.7 | 25.5 |
Jobseeker's Allowance | 16.0 | 20.9 |
BTW Family Dividend | 21.0 | - |
Jobseeker's Transitional | 19.0 | 22.3 |
Recoverable Benefits & Assistance | 32.5 | 31.6 |
Jobseeker's Benefit | 16.0 | 27.2 |
Treatment Benefit | 17.1 | - |
Carer’s Support Grant * | 18.1 | 23.3 |
Insurability of Employment | 36.6 | 85.7 |
Supplementary Welfare Allowance | 15.0 | 24.1 |
Survivor's Pension (Con) | 16.6 | 28.8 |
Survivor's Pension (Non-con) | 18.4 | 23.4 |
Widows Parent Grant | 23.5 | 63.8 |
All Appeals | 17.6 | 24.1 |
* 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 Benefit | 13.4 | - |
Blind Person’s Pension | 20.1 | 24.4 |
Carers Allowance | 21.7 | 24.0 |
Carers Benefit | 17.8 | 21.3 |
Child Benefit | 22.8 | 32.4 |
Disability Allowance | 17.3 | 24.1 |
Illness Benefit | 28.0 | 30.6 |
Partial Capacity Benefit | 33.3 | 35.7 |
Domiciliary Care Allowance | 27.2 | 34.4 |
Deserted Wife's Benefit | 13.1 | 27.7 |
Farm Assist | 20.7 | 25.8 |
Bereavement Grant | 15.1 | - |
Family Income Supplement | 22.9 | 34.6 |
Invalidity Pension | 16.9 | 23.7 |
Liable Relatives | 25.3 | 24.0 |
Maternity Benefit | 18.8 | 19.3 |
Paternity Benefit | 18.3 | - |
One Parent Family Payment | 26.1 | 34.7 |
State Pension (Contributory) | 32.1 | 45.7 |
State Pension (Non-Contributory) | 25.9 | 35.3 |
State Pension (Transition) | 60.4 | - |
Occupational Injury Benefit | 20.0 | 26.4 |
Disablement Pension | 25.0 | 28.3 |
OIB-Medical Care | - | 27.3 |
Incapacity Supplement | 47.8 | 37.2 |
Guardian's Payment (Con) | 23.7 | 27.0 |
Guardian's Payment (Non-Con) | 16.0 | 23.1 |
Jobseeker's Allowance (Means) | 19.6 | 27.3 |
Jobseeker's Allowance | 18.3 | 24.8 |
BTW Family Dividend | 19.8 | 27.5 |
Jobseeker's Transitional | 22.1 | 23.2 |
Recoverable Benefits & Assistance | 27.4 | - |
Jobseeker's Benefit | 20.6 | 24.2 |
Carer’s Support Grant * | 18.5 | 25.6 |
Treatment Benefit | 14.0 | - |
Insurability of Employment | 42.8 | 90.4 |
Supplementary Welfare Allowance | 16.4 | 25.8 |
Survivor's Pension (Con) | 23.0 | 44.7 |
Survivor's Pension (Non-con) | 23.3 | 24.7 |
Widowed Parent Grant | 19.5 | - |
All Appeals | 19.8 | 26.4 |
* 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 Pension | 15.7 | - |
Carers Allowance | 24.2 | 28.0 |
Carers Benefit | 20.5 | 27.2 |
Child Benefit | 36.5 | 49.4 |
Disability Allowance | 17.9 | 25.9 |
Illness Benefit | 30.5 | 37.9 |
Partial Capacity Benefit | 31.7 | 21.3 |
Domiciliary Care Allowance | 31.2 | 36.2 |
Deserted Wife's Benefit | - | 30.5 |
Farm Assist | 41.4 | 39.4 |
Working Family Payment | 29.1 | 31.6 |
Invalidity Pension | 23.7 | 24.1 |
Liable Relatives | - | 30.7 |
Maternity Benefit | 26.7 | 38.8 |
Paternity Benefit | 27.7 | 20.6 |
One Parent Family Payment | 25.3 | 40.5 |
State Pension (Contributory) | 39.2 | 48.2 |
State Pension (Non-Contributory) | 30.5 | 38.9 |
Occupational Injury Benefit | 38.1 | 60.8 |
Disablement Pension | 35.7 | 29.6 |
Guardian's Payment (Contributory) | 30.7 | 32.4 |
Guardian's Payment (Non-Con) | 10.4 | 37.3 |
Jobseeker's Allowance (Means) | 31.5 | 35.7 |
Jobseeker's Allowance (Payments) | 25.4 | 30.4 |
BTW Family Dividend | 32.2 | - |
Jobseeker's Transitional | 39.5 | 30.5 |
Recoverable Benefits & Assistance | 46.6 | - |
Pre-Retirement Allowance | 64.0 | 29.9 |
Jobseeker's Benefit | 24.6 | 26.7 |
Carer’s Support Grant | 27.5 | 28.7 |
Incapacity Supplement | - | 29.0 |
Insurability of Employment | 48.8 | 81.5 |
Supplementary Welfare Allowance | 22.2 | 28.3 |
Survivor's Pension (Contributory) | 39.2 | 22.4 |
Survivor's Pension (Non-Con) | 34.6 | 23.4 |
Widowed Parent Grant | 35.8 | - |
All Appeals | 24.6 | 30.0 |
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