Social welfare appeals boss criticises system

THE chief social welfare appeals officer has criticised deteriorating standards among staff deciding who is entitled to payments.

In the annual report of the Social Welfare Appeals Office, its director Brian Flynn said his staff had concerns about workers at the Department of Social and Family Affairs and the Health Service Executive.

His report said some social welfare decision makers were too stringent and confusing their role with the policing powers given to the department’s inspectorate.

“During the year appeals officers brought to my attention their concerns about the deteriorating standards of decision making and the poor quality of file presentation in the department (of social and family affairs), and the HSE in respect of the cases coming before them on appeal,” he said.

His main criticisms of deciding officers at the department were:

* Failure by some officers to fulfil legal obligations and co-operate with appeals.

* Lack of understanding among some officers on the separation between their job to decide cases and the role of social welfare inspectors.

* Inadequate explanations given to customers refused payments.

* Failure of some officers and inspectors to attend appeal hearings.

* Delays in submitting files which had an adverse affect on the running of the Appeals Office.

Regarding the HSE, Mr Flynn said the policy it employed for payments to immigrants, under the Habitual Residency Condition, may be out-of-date and conflict with European law.

He criticised its designated officers for not providing written accounts of decisions and failing to include all evidence for appeals.

Last year 13,800 appeals were made to the office and it ruled against either the department or the HSE in 46% of cases.

Last night the department said it will be happy to discuss any issues raised with the appeals officer.

Responding to it, the new Minister for Social and Family Affairs Martin Cullen said his department was not deliberately ruling against genuine cases.

“I welcome the continued commitment of the Social Welfare Appeals Office to provide an accessible and independent review mechanism for people who wish to appeal against decisions.

“While every effort is made by my department to deliver entitlements to people in accordance with the legislation, it is understandable that not everyone will agree with the decisions made on their claims,” he said.