Bernard Durkan (Kildare North, Fine Gael)
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285. To ask the Minister for Employment Affairs and Social Protection the number of appeals filed in respect of decisions made under the headings of jobseeker’s allowance, disability allowance or illness benefit; and if she will make a statement on the matter. [48998/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The table below provides details of the number of appeals registered in respect of decisions regarding Jobseeker's Allowance, Disability Allowance and Illness Benefit in 2020 and to the end of September 2021.

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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286. To ask the Minister for Employment Affairs and Social Protection the total number of appeals upheld in respect of decisions to refuse for invalidity pension, jobseeker’s allowance, illness benefit and disability; the number that have been overturned or otherwise following further appeal or review thereof; and if she will make a statement on the matter. [48999/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions in relation to social welfare entitlements.

The tables below provide details of the outcomes of all finalised appeals in respect of Invalidity Pension, Jobseeker's Allowance, Illness Benefit and Disability Allowance for 2020 and to the end of September 2021.

Appeal Outcomes 2020

Appeal Outcomes 2021 (to end of September 2021)

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 outcome in 18% of appeals finalised (2,316 cases) in these schemes in 2020 and in 19% of appeals finalised (1,294 cases) to the end of September 2021.

Where the decision was not revised by the Department in light of the appeal contentions, further evidence is often provided by the person concerned as the appeal process proceeds and, in addition, the Appeals Officer may gain insights from the person concerned at oral hearing which may influence the outcome of the appeal.

Under legislation the decision of an Appeals Officer is generally final and conclusive and may only be reviewed under Section 317 of the Social Welfare Consolidation Act 2005 by an Appeals Officer in the light of new evidence or new facts. The Chief Appeals Officer has power under Section 318 of the Social Welfare Consolidation Act 2005 to revise any decision where it appears that the Appeals Officer’s decision was erroneous by reason of some mistake having been made in relation to the law or the facts.

The table below shows the outcomes of the Section 317 and Section 318 reviews finalised from January to September 2021.

January - September 2021

I trust this clarifies the matter for the Deputy.