The INOU Welfare Rights Service often deals with a high number of cases involving the appeals process in the Department of Social Protection, when often, the review process may be a more feasible option for clients. In this article we are seeking to address some of the issues that can arise where a person faces the prospect of engaging in the Review / Appeals process with the Department of Social Protection.
The review or appeals process normally occurs in one of two situations
- an application for a payment / scheme has been refused
- an existing payment / scheme has been stopped or suspended
The person is usually advised in writing or by email of the decision by the Department of Social Protection and is informed that they have the option to seek a review of the original decision or to appeal the decision to the Social Welfare Appeals Office. You cannot seek a review or make an appeal until a formal decision has been received, so if the person has not received a decision, they need to secure a formal decision before they can proceed.
In most instances, persons either making an application for a payment, or contesting the suspension or stopping of their payment, are heavily reliant on that payment as their main source / potential source of income, so any delay or disruption to receiving a payment can have significant longer-term implications for them.
What is the difference between a review and an appeal?
Appeals: Appeals to the Social Welfare Appeals Office allow for an Appeals Officer to provide an unbiased review of the decision of the original Deciding Officer, the information, evidence and facts provided by both the Department of Social Protection and the person who is making the appeal and determine if the decision was correct in the context of the payment / scheme and the facts / evidence and details supplied. Appeals must be made within 21 days of the decision refusing / stopping / suspending the payment, but provision to extend this deadline can be made in a number of circumstances such as where a person is seeking a copy of their Social Welfare file under the Freedom of Information (FoI), where they are seeking support in making their appeal (INOU / Citizens Information / Solicitor etc). Social Welfare Appeals can normally take anywhere from 12 weeks to 6 months, sometimes longer, depending on the type of appeal (summary or in-person), appeals in-hand, and the context and nature of the appeal.
Reviews: A review is where a person provides new, additional, relevant and appropriate information to the original deciding officer in support of their original application or in response to any grounds given for the suspension or stopping of their existing social welfare payment. Very often, a review offers the opportunity to address any direct and specific reasons outlined in the original decision and explain and expand on any relevant information or details which could influence the original decision. Unlike social welfare appeals, a review does not have a 21-day time limit for submission and reviews can be processed much faster than social welfare appeals. Submitting a review does not prevent the submission of a Social Welfare Appeal at the same time and does not prejudice any submitted appeal, or any potential future appeal based on the outcome of the review.
Against this backdrop of processes, procedures, paperwork and information is the person who is the subject of the process and their need for support, particularly financial support, to sustain themselves and their household during the process. This is where the Supplementary Welfare Allowance scheme can potentially provide support.
The Supplementary Welfare Allowance (SWA)
Where a person is engaged in either the Review process or the formal Social Welfare Appeals process, they can apply for a weekly payment under the SWA scheme. This payment can include a payment for themselves, their dependant spouse / partner and any dependent children. SWA is means tested, so income from employment, savings, investments and a spouse / partner’s income will be taken into consideration. In addition, the capital assessment is different to other means tested payments, so any savings or investments over €5,000 could impact the amount of SWA payable. However, where the person would normally qualify for a payment (including the means test for the payment), or where they are not sure if they qualify based on their household income, they should apply for the payment.
A review or an appeal?
Not all decisions refusing an application, or stopping / suspending a claim, initially require a formal appeal to the Social Welfare Appeals Office. A request for a review with the provision of additional information, detail and clarification in support of an application can be enough for the decision to be revised, and the claim awarded. Equally, the provision of credible information, fact or detail addressing or contesting any subjective decisions given for the stopping or suspending of a claim at review stage can result in a payment being reinstated without the need for a possibly lengthy and detailed formal appeal to the Social Welfare Appeals Office. However, this is not always the case, and sometimes a formal appeal is necessary.
Throughout the process it is important to remember that a key element in exercising the right to contest a decision, either by review or formal appeal, is the need to have a source of income to live on while you do so and the right to apply for such support through the SWA scheme.
The Welfare Rights Service in the INOU is available to provide expert information on these processes. Please get in touch by telephone: 01 – 856 0088 or by e-mail: welfare@inou.ie
More information
The DSP Social Welfare Appeals Office
The Supplementary Welfare Allowance