Bernard Durkan (Kildare North, Fine Gael)
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558. To ask the Minister for Employment Affairs and Social Protection the total number of persons currently awaiting the outcome of appeal in respect of refusal of disability allowance; the extent to which such appeals are being expedited; and if she will make a statement on the matter. [39316/22]

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.  

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 2% are appealed.  Nevertheless, the Department endeavours to ensure that these cases are dealt with as quickly as possible.

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. 

The desire to process appeals quickly has to be balanced with the competing demand to ensure that decisions are consistent and of high quality and made in accordance with the legislative provisions and the general principles of fair procedures and natural justice.

Further improvements in appeals processing times is a priority for the Chief Appeals Officer.

At the end of June 2022 there were 1,252 Disability Allowance appeals waiting finalisation. 

The table below provides the average processing times for Disability Allowance appeals for the year 2021 and also for the period 1 January to 30 June 2022.

Disability Allowance Average Processing Times

I trust this clarifies the matter for the Deputy.

Bernard Durkan (Kildare North, Fine Gael)
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559. To ask the Minister for Employment Affairs and Social Protection the extent to which appeals are pending in the case of disallowances for various social welfare payments; the degree to which one or other payment is particularly the subject of appeal; and if she will make a statement on the matter. [39317/22]

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.

The table below provides a breakdown of all 'live' appeals by scheme at the end of June 2022.

Bernard Durkan (Kildare North, Fine Gael)
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560. To ask the Minister for Employment Affairs and Social Protection the extent to which various decisions in respect of social welfare payments have been subsequently overturned on appeal by the applicants or her Department in the past twelve months; and if she will make a statement on the matter. [39318/22]

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.  

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 approximately 2% are appealed. 

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.

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 at an oral hearing which may influence the outcome of the appeal.

The table below provides a breakdown of all appeals finalised in the past 12 months from 1 July 2021 to 30 June 2022.

Appeals Finalised from 01/07/21 to 30/06/22

I trust this clarifies the matter for the Deputy.