Department signals moves to change welfare appeals system

The Secretary general of the Department of Social Protection, John McKeon, told an Oireachtas Committee that less than 1% of Deciding Officer decisions are appealed, and of those just under half are upheld. File photo: Gareth Chaney/Collins

The Department of Social Protection has said it is reviewing aspects of the welfare appeals process, including seeking a medical opinion in relation to cases where new medical information is brought forward.

The Secretary general of the department, John McKeon, told an Oireachtas Committee that less than 1% of Deciding Officer decisions are appealed, and of those just under half are upheld.

But Mr McKeon also told the Oireachtas Committee on Social Protection that the volume of cases had increased, as had the complexity of many cases - "in particular with regard to the assessment of work capacity or care requirements relating to illness, disability or infirmity."

He said the number of Appeals Officers has increased from approximately 16 in 1998 to around 40 currently and that an internal review by the Comptroller and Auditor General had resulted in recommendations that would now feed into a new set of regulations.

Regulation changes

The updated regulations will include increasing the time afforded to an appellant to make an appeal from 21 days at present to 60 days, and up to 180 days in certain circumstances.

It will also expressly provide for clients to have the right to request an oral hearing and to be given a reason if an Appeals Officer determines that an oral hearing is not necessary, and to require Appeals Officers to have access, and regard to, the opinion of a qualified medical assessor in cases relating to a person’s capacity for work or care requirements.

Appeals Officers will also have to set out reasons for their decisions in all cases, as well as provide for all appeal decisions to be notified to the parties affected by the decisions within 15 working days. Currently no time limit is specified.