Willie O'Dea (Limerick City, Fianna Fail)
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244. To ask the Minister for Employment Affairs and Social Protection the number of social welfare appeals lodged in each of the years 2012 to 2017 and to date in 2018, in tabular form; the percentage of appeals which were successful; the average waiting time in these years; and if she will make a statement on the matter. [40511/18]

Regina Doherty (Meath East, Fine Gael)
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The following tables provide the details which have been requested by the Deputy for the years 2012 to 2017 and to the end of September 2018.

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.

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.

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, 37.6% of such outcomes in 2017 and 31.9% of such outcomes to the end of September 2018.

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.

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 by the Department 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 corresponding processing times for the period January to September 2018 are 30.5 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 High Court 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.

Finally, 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 Receipts and Percentage of Favourable Decisions of Appeals Finalised

2012 – 2018

Appeal Processing Times 2012 – 2018