Social Protection: Streamlining the Appeals System 10th July 2013

Question Nos:   344 & 345   Ref Nos:   33530/13
                                                                                                                                                                                                                                      33531/13
To ask the Minister for Social Protection the steps she has taken or intends to take to streamline the appeals system in respect of all payments issuing from her Department with a view to minimising hardship on those awaiting the outcome of appeal; and if she will make a statement on the matter.
– Bernard J. Durkan

To ask the Minister for Social Protection the number of cases referred to appeal in respect of each category of welfare payment for which her Department is responsible in each of the past four years to date in 2013, the areas experiencing most referrals to appeal; and if she will make a statement on the matter.
– Bernard J. Durkan.

* For WRITTEN answer on Tuesday, 9th July, 2013.

R E P L Y

It is proposed to answer Question Nos. 344 and 345 together.

The number of cases referred to appeal in respect of each category of welfare payment for years 2009 to date in 2013 are given in the attached tables.   It is noted that the areas experiencing most referrals to appeal are those areas experiencing the highest volumes of claim applications.

There has been a rapid and sustained increase in the number of appeals received in the Social Welfare Appeals Office since 2009 which has placed extraordinary pressure on the office.   Up to 2009, the average number of appeals received was 15,000 per annum whereas in 2012, the office received 35,484 appeals.  

In order to manage this increasing workload, significant resources and efforts have been put into reducing backlogs and improving appeals processing times for appellants, including the assignment of 15 additional Appeals Officers, in addition to 10 former Community Welfare Service Appeals Officers who joined the appeals office in 2011, bringing the total number of serving Appeals Officers to 41; reviewing and improving business processes; and implementing a new operating model within the appeals office.

In addition, a major programme of process redesign and modernisation is currently underway in the Department in relation to many of its scheme areas, aimed at reducing backlogs and reducing the time taken by the Department to respond to requests from the appeals office for submissions in relation to appeals.

These measures have led to improvements in processing times and a significant increase in the number of appeals finalised from 17,787 in 2009 to 32,558 in 2012.   The Chief Appeals Officer expects to finalise 6,000 more cases in 2013 than in 2012.   Good progress is also now being made in reducing the number of appeals on hand from 20,414 at 1 January 2013 to 16,542 at 1 July 2013.  

The average waiting time for appeals peaked in 2011 when the average time for an oral hearing was 52.5 weeks and for a summary decision was 25.1 weeks.   In 2012 these times improved by 10.3 weeks when the average time for an oral hearing dropped to 39.5 weeks while the time for a summary decision increased slightly to 27.8 weeks.   This improvement has continued with the average processing time up to June 2013 reducing to 36.2 weeks for an oral hearing and 27.6 weeks for a summary decision.

These processing times are calculated from the registration date of the appeal to the date of its finalisation.   They include all activities during this period including time spent awaiting any clarification from the appellant, time in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant, and any further investigation, examination or assessment by the Department’s Inspectors and Medical Assessors that is deemed necessary.   For example in cases of schemes which include medical criteria such as disability allowance or invalidity pension, the time taken by the Department may include a review by a different medical assessor to the one who initially examined the case, and there may even be a third review by a medical assessor where additional medical evidence is submitted.   A considerable period of time is also added when an oral hearing is required because of the logistics involved in this process.   While this process carries an inherent delay in terms of finalising an appeal, it also crystallises the flexibility and accessibility of the appeals system.

By its nature and because it is a quasi-judicial function, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.   However, if   an appellant’s means are insufficient to meet their needs, it is open to them to contact their local Community Welfare Services concerning their eligibility for Supplementary Welfare Allowance while their appeal is pending.    

Appeals Receipts 01/01/2013 €“ 30/06/2013

20092010201120122013
(to           30/6/2013)
Adoptive Benefit             22260
Blind Pension         2114212717
Carers Allowance1,9773,0252,1992,6762,171
Carers Benefit   12118216018356
Child Benefit1,3611,051824675329
Disability Allowance4,6964,8405,4726,2233,006
Illness Benefit4,9455,4713,6572,647887
Invalidity Pension     6421,0242,2854,7652,344
Domiciliary Care     8361,8582,4012,186688
Deserted Wives Allowance–411
Deserted Wives Benefit             51420810
Farm Assist   137244220271157
Bereavement Grant       4658667134
Family Income Supplement   170227258301187
Liable Relatives           251626399
One Parent Family Payment         8051,1091,055938294
Maternity Benefit           1129422911
Homemakers-1-11
Partial Capacity Benefit—6741
State Pension (Contributory)           8825610612873
State Pension (Non-Contributory)       319356317231114
State Pension (Transition)           227294319
Occupational Injury Benefit           372316138
Occupational Injury (Medical)           4221562
Disablement Pension     263342263409172
Incapacity Supplement             8156213
Guardian’s Payment (Contributory)         2328314616
Guardian’s Payment (Non-Contributory)       11613144
Pre-Retirement Allowance           321–
Jobseeker’s Allowance (Means)3,6154,0503,4653,2401,496
Jobseeker’s Allowance3,1795,5033,3993,0491,344
Jobseeker’s Benefit1,3541,3071,2861,289457
Jobseeker’s Fraud Control-3512
Respite Care Grant26216230327884
Insurability of Employment102123997940
Supplementary Welfare   Allowance7891,0203,1295,4452,270
Treatment Benefits108331
Survivor’s Pension (Contributory)1520173017
Survivor’s Pension (Non-Contributory)1912293911
Widows Parent Grant13763
Death Benefit1—-
All Appeals25,96332,43231,24135,48416,379

ENDS