Dáil Éireann Debate, Thursday - 7 October 2021
286. Deputy Bernard J. Durkan asked the Minister for 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]
Amharc ar fhreagraThe 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
|
Allowed by Appeals Officer |
Partly Allowed by Appeals Officer |
Revised decision by Deciding Officer |
Disallowed by Appeals Officer |
Withdrawn |
Total |
|
|
Invalidity Pension |
1,113 |
2 |
631 |
924 |
34 |
2,704 |
|
Jobseeker’s Allowance |
213 |
50 |
295 |
801 |
178 |
1,537 |
|
Illness Benefit |
81 |
10 |
733 |
217 |
158 |
1,199 |
|
Disability Allowance |
3,930 |
127 |
657 |
2,642 |
54 |
7,410 |
|
Total |
5,337 |
189 |
2,316 |
4,584 |
424 |
12,850 |
Appeal Outcomes 2021 (to end of September 2021)
|
Allowed by Appeals Officer |
Partly Allowed by Appeals Officer |
Revised decision by Deciding Officer |
Disallowed by Appeals Officer |
Withdrawn |
Total |
|
|
Invalidity Pension |
638 |
3 |
318 |
494 |
12 |
1,465 |
|
Jobseeker’s Allowance |
131 |
33 |
177 |
424 |
90 |
855 |
|
Illness Benefit |
26 |
7 |
332 |
146 |
41 |
552 |
|
Disability Allowance |
1,867 |
68 |
467 |
1,512 |
37 |
3,951 |
|
Total |
2,662 |
111 |
1,294 |
2,576 |
180 |
6,823 |
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
|
Allowed |
Part Allowed |
Disallowed |
Total |
|
|
Section 317 review |
288 |
24 |
231 |
543 |
|
Section 318 review |
14 |
2 |
24 |
40 |
I trust this clarifies the matter for the Deputy.
