Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

247. To ask the Minister for Employment Affairs and Social Protection the extent to which the time taken to determine appeals can be improved; the reason for the long delays at present; if adequate staff remain available to meet the demand; and if she will make a statement on the matter. [39119/18]

Regina Doherty (Meath East, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The average appeal processing times for all appeals determined this year to the end of August broken down by all social welfare scheme types is outlined in the following table. 

My Department, like all Government departments and agencies is required to operate within a staff ceiling figure and a commensurate administrative staffing budget, which for this Department has involved reductions in staff. 

The staffing needs for all areas within the Department are continuously reviewed, taking account of workloads, management priorities and the ongoing need to respond to new increasing demands in a wide range of services.  This is to ensure that the best use is made of all available resources with a view to providing an efficient service to those who rely on the schemes operated by the Department.

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 and Designated Persons 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.

Accordingly, significant efforts and resources have been devoted to reforming the appeal process in recent years.  As a result, appeal processing times in respect of all schemes 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 for the period January to August 2018 are 30.6 weeks for an oral hearing and 25.2 weeks for a summary decision.

The time taken to process an appeal reflects a number of factors including that the appeals process is a quasi-judicial process with Appeals 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.

In addition, a number of new Appeals Officers have joined the Appeals Office over the past 12-18 months, 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 continue to be a priority for her office.

It should be noted that an appellant can claim supplementary welfare allowance pending the outcome of their appeal.

I trust this clarifies the matter for the Deputy.

Appeal Processing Times by Scheme 1 January 2018 – 31 August 2018

* Previously called Family Income Supplement