Written answers

Tuesday, 11 June 2024

Department of Employment Affairs and Social Protection

Social Welfare Appeals

Photo of Cathal CroweCathal Crowe (Clare, Fianna Fail)
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451.To ask the Minister for Employment Affairs and Social Protection if she will give consideration to setting up a dedicated appeals department for each type of social welfare payment to ensure a quicker outcome to appeals (details supplied); and if she will make a statement on the matter. [24894/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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The Social Welfare Appeals Office is an Office of the Department of Social Protection which is responsible for determining appeals against decisions in relation to social welfare entitlements. The Social Welfare Appeals system is underpinned by legislation which sets down the roles, powers and functions of the Social Welfare Appeals Office and its Appeals Officers who are independent in their decision making functions.

All claim decisions taken by the Department’s Deciding Officers and Designated Persons may be appealed to the Chief Appeals Officer. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Deciding Officer on the grounds of appeal be sought. As part of this process the relevant scheme area in the Department will also review the original decision. They will also take into account any additional information provided in support of the appeal. They can revise the decision at that stage and issue a favourable decision. However, if having reviewed the decision they are satisfied with the original decision they will forward the relevant Departmental papers and their comments on the grounds of appeal to the Social Welfare Appeals Office.

It should be noted that in accordance with the relevant social welfare legislation, it is open to any person at any time to request a review of an unfavourable decision from the Department and to provide additional information or evidence directly to the relevant scheme area in support of that request. This can be done separately or in conjunction with an appeal.

The Department endeavours to ensure that these cases are dealt with as quickly as possible. There is active engagement between the Appeals Office and the Department to ensure that the appeals process operates efficiently and that where the Deciding Officer's decision is not revised in favour of the appellant that the appeal file is provided as quickly as possible to the Appeals Office for consideration by an Appeals Officer. The Chief Appeals Officer continues to monitor processing times and every effort is made to reduce the time taken to process an appeal. However, the drive for efficiency must 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.

Significant efforts and resources have been devoted to reforming the appeal process in recent years. An Appeals Modernisation Project is currently underway the goal of which is to streamline and enhance the end-to-end appeals process for the customer, the Social Welfare Appeals Office and business areas across the Department.

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

I trust this clarifies the matter for the Deputy.

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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452.To ask the Minister for Employment Affairs and Social Protection the reason a person in County Cork (details supplied) was refused a recent benefit claim; if she will review her entitlement to this payment; and if she will make a statement on the matter. [24922/24]

Photo of Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Carer's Benefit (CARB) is a payment made to insured people who leave the workforce or reduce their working hours to care for a child or an adult in need of full-time care and attention.

To qualify, the Carer must satisfy PRSI conditions; employment conditions; show that they are providing full-time care and attention; and must show that the care recipient requires full-time care and attention.

An application for CARB was received from the person concerned on the 28 February 2020. The application was referred for the professional opinion of a Department Medical Assessor. The claim was disallowed as the Deciding Officer, having regard to the opinion of the Medical Assessor, decided that the information supplied did not show that the care recipient required full time care.

Following a review of this decision, the decision was overturned, and the person concerned was awarded CARB for the period 19 March 2020 to 29 September 2021. Following a request from the person concerned, the claim was extended for the period 30 September 2021 to 22 December 2021 and again for the period 23 December 2021 to 16 March 2022. As a result, the person has received their full entitlement of 104 weeks in respect of this care recipient.

The person concerned was in receipt of Class A PRSI contributions when their CARB claim commenced and so their entitlement to ordinary reckonable contributions continued for the period they were in receipt of CARB. The person concerned received credits for the period they were in receipt of CARB as follows: 42 credits in 2020, 52 in 2021 and 11 in 2022. These credits will count towards any further social welfare entitlements in the future.

I hope this clarifies the current situation for the Deputy.

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