Social Welfare Appeals Post COVID-19

In the foreword to Social Welfare Appeals Office Annual Report 2020 it states that "Notwithstanding the impacts of the pandemic, we maintained the appeals service while operating within the prevailing restrictions and public health guidance as they evolved over the course of the year. Our priority at all times was to safeguard the health and safety of our staff and people availing of the service. While the ever-evolving Covid-19 situation posed challenges it also brought opportunities to work differently. One such change was to the way oral hearings are conducted. The Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 was enacted in August 2020 and makes provision in a number of areas across civil and criminal legislation. The Act includes provision for the holding of meetings of State bodies, unincorporated bodies and designated bodies by remote meeting. Of particular relevance to this Office is the provision permitting bodies to be designated by a relevant Minister to hold a hearing remotely.

Under our own legislation Appeals Officers may determine appeals by way of oral hearing if deemed necessary. Such hearings were traditionally held in-person. However, given the public health restrictions and guidance that prevailed during 2020 it was necessary to suspend in-person oral hearings and, as outlined in the Report, a very small number of hearings were held. The Minister for Social Protection signed a Designation Order under the provisions of the 2020 Act enabling Appeals Officers in this Office to conduct hearings by electronic means. While this is a new way of working and poses its own challenges for Appeals Officers and appellants alike it is invaluable in ensuring the continuity of the appeals service. " (p6)

As Ireland emerges out of COVID-19 and its impact on in-person public services the Irish National Organisation of the Unemployed (INOU) made enquiries as to when in-person Social Welfare Appeals would recommence. The organisation received the following reply:

"When an appeal is assigned to an Appeals Officer for consideration the Appeals Officer makes a summary decision on the appeal based on the documentary evidence presented or, if necessary, holds an oral hearing. The holding of an oral hearing is at the discretion of the Appeals Officer.

Oral hearings have been successfully conducted online and, as an alternative, by telephone since October 2020 and these types of hearings will continue. This remote hearing approach has proven to be an effective way of facilitating an oral hearing previously achieved through the holding of an in-person hearing.  An in-person hearing will only be held in any case where it is deemed essential by the Appeals Officer."

In further conversations with the Department of Social Protection and the Social Welfare Appeals Office (SWAO), they noted that: 

• people appear to be happy with the current options;
• no travel costs are incurred;
• the person making the appeal does not have to go to an office;
• the SWAO test that the online option is working before a hearing date;
• they have provided an in-person option for more vulnerable people; and,
• under the guidelines it is the Appeals Officer (AO) who decides how best to deal with the appeal.

The INOU is keenly aware, from our own experience of working online over the past two years of the issues and difficulties engaging with people online presents. And this raises significant concerns for us should this method of engagement become the preferred / default option for provision of oral hearings.

The Social Welfare Appeals Office Annual Report for 2021 has yet to be published. The table below shows the figures for the years 2020, 2019 and 2018, and gives some indication of the impact of COVID-19 on service delivery. In 2020 there are a greater number of Appeals Officers Decisions; an increase in the number of Summary Decisions; and significantly lower number of Oral Hearings, which would include remote options, across the three years there is a similar success rate for the oral hearings conducted: 63.7% (2020), 63% (2019) and 64% (2018)

The INOU believes that it is important for the SWAO to proactively re-engage with appellants’ in providing in-person oral hearings as a viable option, as was traditionally the case, prior to the restrictions and operational changes caused by the COVID-19 pandemic.

Access to advocacy support services, and particularly direct in-person supports during an appeal, can have a significant impact on a person’s ability and capacity to both prepare for and present any evidence or information, and their capacity to communicate and respond to any engagement with appeals officers, either remotely or in-person.

Any significant change to the established appeals process should be fully researched, evaluated and include engagement and consultation with both service users and key service providers supporting persons taking appeals to the SWAO.

The option to seek and secure access to in-person oral hearings should remain a clear and exercisable option on the part of the appellant, where determination as to access, and the provision of such, should not exclude the appellant’s right of choice and right to due process, natural justice and fair procedure as afforded under DSP legislation and regulations.

The COVID-19 pandemic highlighted a serious digital divide in Irish society, where people who had less human and capital resources, less income had less access to online services and supports. Given this reality it will be vital that people are given the wherewithal to exercise real choices; to become fully capable of utilising the processes available; and are supported to develop the ability and capacity to act in their own best interests.

Further information on Social Welfare Appeals is linked here.

The SWAO Annual Reports are linked here .