Employment Rights

Dáil Éireann Debate, Thursday - 25 April 2024

Thursday, 25 April 2024

Questions (28)

Brendan Griffin

Question:

28. Deputy Brendan Griffin asked the Minister for Social Protection what threshold needs to be cleared for an appeal to be granted by her Department’s appeals office in respect of challenges to decisions by her Department's scope section against employers in relation to findings on bogus self-employment; if applications for appeal are scrutinised, what percentage of appeal applications by employers in respect of scope decisions on bogus self-employment were granted in 2023; the average time such an appeal takes to be heard and decided upon; the number (and percentage) of appeal hearings in 2023 initiated by employers in respect of scope decisions on bogus self-employment, where the appellant subsequently did not present for the hearing; and if she will make a statement on the matter. [18381/24]

Written answers

Minister for Social Protection

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. Appeals Officers are independent in their decision making functions. Anyone who has received a decision from my Department regarding a scheme they have applied for, which is appealable, or who had received a determination insurability in the case of scope cases, can appeal this decision. The threshold is the same for all appeals including scope appeals. In scope appeals there are generally a number of parties to the appeal such as the employee, the employer and the scope section of my Department. An employee or and employer can appeal a scope decision. Each case is individual and appeals are dealt with on a de novo basis.Forty four scope appeals were finalised in 2023. Of theses forty four appeals, fourteen were appeals made by employers. Of these fourteen appeals, three were allowed seven were disallowed, three were withdrawn and in one case the Department revised its decision.These fourteen appeals represent 32% of the overall Scope appeals finalised in 2023.The appeals office have advised me that they are not aware of any instance in 2023 when an appellant did not attend an oral hearing in an Scope appeal.