Claire Kerrane (Roscommon-Galway, Sinn Fein)
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148. To ask the Minister for Employment Affairs and Social Protection the process of securing an oral hearing for social welfare appeals; and if she will make a statement on the matter. [36497/22]

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. When an appeal is assigned to an Appeals Officer for consideration the Appeals Officer makes a summary decision on the appeal based on the documentary evidence presented or, if necessary, holds an oral hearing.

The social welfare appeals system is underpinned by Chapter 2 of Part 10 of the Social Welfare Consolidation Act 2005 and the Social Welfare (Appeals) Regulations 1998 (SI 108/98). This legislation sets down the roles, powers, functions etc. of the Social Welfare Appeals Office and its Appeals Officers. Appeals Officers and the Social Welfare Appeals Office are required to operate within the powers and boundaries set down in this legislation.

Article 13 of the Social Welfare (Appeals) Regulations 1998 (SI 108/98) provides:

“Summary appeals

13. Save as provided in section 270, where the appeals officer is of the opinion that the case is of such a nature that it can properly be determined without a hearing, he or she may determine the appeal summarily. “

Therefore, it is at the discretion of the Appeals Officer whether a summary decision is made or an oral hearing is held in any case.

Oral hearings have been successfully conducted online or by telephone since October 2020 and these types of hearings will continue. This remote hearing approach has proven to be an effective way of facilitating an oral hearing previously achieved via the holding of an in-person hearing. The present position in relation to in-person oral hearings is that, subject to prevailing public health advice, an in-person oral hearing may be convened where the Chief Appeals Officer is of the view that such a hearing is essential in any particular case.

Oral hearing arrangements will continue to be kept under regular review.

I trust this clarifies the matter for the Deputy.

Claire Kerrane (Roscommon-Galway, Sinn Fein)
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149. To ask the Minister for Employment Affairs and Social Protection the intended changes to the appeals process from a Departmental organisation perspective; the way that the social welfare appeals office fits into these structures alongside her Department overall; and if she will make a statement on the matter. [36498/22]

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 made by Deciding Officers or Designated Persons of the Department.

The Office is committed to enhancing its operations to continue to deliver an efficient and effective appeals service to its customers. To support this goal, a programme of process redesign and modernisation is in progress. This programme includes the development and implementation of an enhanced appeals business process and the development of a new computer system.

A customer centric, multichannel solution, modernising and transforming the appeals process across the Department and the Appeals Office is envisaged. This solution will require operational, legislative, and procedural changes and will also reflect the recent recommendations of the Comptroller and Auditor General.

Information on the project is communicated regularly to all relevant staff in the Office and the Department and the management of both are committed to supporting staff in dealing with the necessary changes. Communication with the relevant unions is ongoing and any concerns will also be discussed in that forum.

This change process will ultimately provide a more efficient and streamlined service for people accessing the appeals service.

I trust that this clarifies the matter for the Deputy.