Working for Work : Chapter 1 : Social Welfare Payments

The Appeals System

The people who make decisions about your claim at the Department of Social Protection (DSP) are known as 'Deciding Officers'. If you are unhappy with a decision made on your claim you have a number of options in seeking to address and resolve the problem or issue.

Asking for a Review of a Decision

You have the right to ask the deciding officer to review their original decision, and receive a fair and unbiased review, if:

• You have new or additional information which was not available to you or the deciding officer at the time of the original decision, which if had been available at the time of the original decision you feel may have resulted in a different decision.
• The stated interpretation of the facts or information you provided which are contained in the deciding officers decision are 'subjectively' incorrect and need clarification
• The decision of the deciding officer is factually incorrect or inaccurate based on matter of fact.

The Deciding Officers must adhere to internal departmental guidelines and to legislation when making a decision on your claim. They must also act in a manner which applies due process, natural justice and fair procedure in reviewing the original decision. Copies of the department's guidelines are available on the Department's website (www.welfare.ie) in the Freedom of Information section. Where appropriate, you should always ask the original Deciding Officer to review their decision before making an official appeal to the Appeals Office.

If the review process is unsuccessful you may wish to consider making a formal appeal.

Social Welfare Appeals

The Social Welfare Appeals Office is an independent agency established to provide an appeals service to persons who are unhappy with decisions of:

Deciding Officers of the Department of Social Protection on questions relating to entitlement to social welfare payments and insurability of employment under the Social Welfare Acts, and

Officers of the Health Service Executive on questions relating to entitlement to certain Supplementary Welfare Allowances

The Office is headed by a Chief Appeals Officer and has its own Appeals Officers. An Appeals Officer is independent of the Department and will look at your claim to make sure that the decision has been made in a reasonable way and in accordance with the legislation. The 'Appeals Officer' can determine if your application for a payment, or any decision received, is appropriate, adheres to and is in keeping with the Department's guidelines and legislation.

Payment while Appealing a Decision

While waiting on an appeal hearing, or a decision, from the Appeals Office www.socialwelfareappeals.ie you may be entitled to a Supplementary Welfare Allowance (SWA) payment from the Community Welfare Officer in your local health centre. The type of payment and amount you receive will depend on your individual circumstances. Contact the INOU on (01) 856 0088 for further information.

How to make an Appeal

You should complete both sides of the appeal form and include a request to have an oral hearing. Appeals forms are available from your local Social Welfare office, and should be returned to: -

• Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, D'Olier Street, Dublin 2. Tel: (01) 671 8633.

Practical Steps in making your Appeal

If possible, contact the INOU for assistance before you lodge your appeal.

• Appeal within 21 days of receiving the Deciding Officer's decision.
• You can ask for your appeal to be held as an oral hearing, this is done by simply writing' I wish to have my appeal held as an oral hearing
• When going to an oral hearing, you can bring a friend or advice worker to provide support or help you present your case. You do not have to have a solicitor to represent you, but you can if you wish. Your local Resource Centre may be able to make the appeal on your behalf.
• Collect all evidence supporting your appeal and bring witnesses who can provide evidence.
• You should always keep copies of all the correspondence you have had with the Department and the Appeals Office - especially the original appeals form (both sides of it).
• You should request a copy of your Social Welfare file, and all the documentation relating to your case, from the Social Welfare Office that dealt with your claim. Ask for this in writing under the Freedom of Information Act when making the request. You are legally entitled to any information the Department has used in deciding your case.
• You should meet with your representative/advisor regularly to review and update your case. Write down everything that appears relevant. Get as much supporting evidence or material as possible - the more prepared you are for the appeal the better chance you have of winning it.
• You should normally hear the result of your appeal within 6 months of the hearing, although this could take longer depending on the number of appeals being dealt with by the Appeals Office.
• If new evidence becomes available after the appeal, you can ask for the case to be reviewed.
• If you lose your appeal you can still apply for the same payment in the future if your circumstances have changed since the appeal decision.
• If the appeal is unsuccessful you may be able to appeal to the Chief Appeals Officer or the Ombudsman

 

Please Note: You will not be able to take-up a place on a CE scheme, Community Services Programme, Back to Education Allowance or Back to Work Allowance while your claim is under appeal.

Last Updated: 31/08/2011 ^ back to top