Working for Work : Chapter 2 : Coping with Poverty

SWA Appeals

If a payment has been refused you have the right to appeal that decision. You can apply to the CWO or the SCWO to have the decision reviewed, if this is not successful then you can appeal to the HSE Appeals Office and finally the Social Welfare Appeals Office.

At each stage you should appeal a decision as soon as possible after the initial decision has been made.

Community Welfare Officer (CWO)

• Check to make sure the CWO had all the relevant information available to them at the time they made their decision and provide any new information.
• Ask if there is any possibility of the decision being reversed.
• Ask the CWO exactly why the payment is being refused and request the decision in writing on the grounds that you may wish to appeal.

Superintendent Community Welfare Officer (SCWO)

• Contact the Superintendent CWO explaining your case and ask them to review the original decision of the Community Welfare Officer. -
• Provide any additional supporting information as may be appropriate.

HSE Appeals Office

Each HSE area has an 'Appeals Officer' who is responsible for appeals. You can complete an official appeals form or simply write a letter to your local Appeals Officer (see Chapter 7). You should;

• Give the reasons why you feel the decision was unreasonable.
• Provide any extra information you feel may be useful in reconsidering the decision.
• Ask for an oral appeal. Although these are rarely given you should try to talk directly to the Appeals Officer.

In practice, the Appeals Officer should check back with the Superintendent CWO who was responsible for upholding the original decision of the CWO. The Appeals Officer will then write to you informing you of the result of the appeal.

Social Welfare Appeals Office

If you are unhappy with the result of the HSE appeal, you may then appeal to the Social Welfare Appeals Office (see Chapter 7).

 

i You cannot take a further appeal to Social Welfare Appeals for Exceptional Needs Payments or Urgent Needs Payments.

 

Appeals Processing Times

Processing times for appeals can vary depending on the nature and detail of the issue under appeal. Standard HSE appeals, without an oral hearing, can be completed in a number of weeks. Where an oral hearing is granted, this can take several weeks longer.

Appeals to the Social Welfare Appeals office are experiencing significant delays. Standard appeals can take a number of months and appeals that have requested an oral hearing can take up to 12-18 months.

Payment Pending Appeal

Where a person is appealing a refusal of a weekly SWA payment, it may be possible to apply for an 'interim' SWA weekly payment from the HSE pending the outcome of the original appeal. Please contact the INOU for more information on (01) 856 0088.

 

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