Bernard Durkan (Kildare North, Fine Gael)
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572. To ask the Minister for Employment Affairs and Social Protection the applications for various social welfare payments which are most commonly refused on application and referred to appeal or oral hearing; the number of cases subsequently rejected or approved on appeal; and if she will make a statement on the matter. [26920/18]

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.

The schemes with the highest number of appeals to the Social Welfare Appeals Office in 2017 and 2018 (to the end of May) were - disability allowance (5,077 in 2017 and 1,883 in 2018), carer’s allowance (3,200 in 2017 and 1,137 in 2018), jobseeker’s allowance - payments (1,676 in 2017 and 637 in 2018), jobseeker’s allowance - means (1,504 in 2017 and 607 in 2018), supplementary welfare allowance (1,302 in 2017 and 390 in 2018), invalidity pension (1,381 in 2017 and 576 in 2018) and domiciliary care allowance (1,199 in 2017 and 577 in 2018).

The tables set out the following in respect of 2017 and 2018 (to the end of May); (1) all appeal receipts, (2) the appeal outcomes in respect of the schemes with the highest number of appeals and (3) the outcomes of appeals determined by way of oral hearing.

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. 57.5% of the 7,562 appeals finalised to date in 2018 had a favourable outcome for the appellant.

Of the 13,556 appeals which were finalised by Appeals Officers in 2017, 5,412 (39.9%) were determined following an oral hearing. 3,444 (63.6%) of these had a favourable outcome for the appellant. Of the 5,620 appeals finalised by Appeals Officers to date in 2018, 2,100 (37.4%) were determined following an oral hearing. 1,289 (61.4%) of these 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% of favourable appeal outcomes in 2017 and some 35% in 2018. Where the decision is 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 the 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.

Where an appellant requests an oral hearing, the request is generally granted unless the Appeals Officer is of the opinion that the appeal can be allowed on a summary basis, or where there is clearly nothing to be gained by granting an oral hearing, for example where the appeal question relates to contribution conditions or means and the underlying PRSI contribution figures or means are not disputed. Social Welfare legislation provides that an Appeals Officer may determine an appeal without an oral hearing where s/he is of the opinion that it can be determined fairly on the basis of the documentary evidence provided. In general, where there is a conflict in the documentary evidence presented, an Appeals Officer will convene an oral hearing in order to explore the evidence and seek to resolve any conflict.

I trust this clarifies the matter for the Deputy.

Appeal Receipts 2017 – 2018

Outcome of Disability Allowance Appeals 2017– 2018

Outcome of Carer’s Allowance Appeals 2017– 2018

Outcome of Jobseeker’s Allowance (Payments) Appeals 2017– 2018

Outcome of Jobseeker’s Allowance (Means) Appeals 2017– 2018

Outcome of Supplementary Welfare Allowance Appeals 2017– 2018

Outcome of Invalidity Pension Appeals 2017– 2018

Outcome of Domiciliary Care Allowance Appeals 2017– 2018

Number and Outcome of Appeals Determined following Oral Hearings 2017

*Now called Working Family Payment

Number and Outcome of Appeals Determined following Oral Hearings 2018 - (to 31/5/2018)