Appealing Social Welfare decision

Appealing a Social Welfare decision

The people who make decisions about your claim at the Deparment of Social Protection (DSP) are known as 'Deciding Officers'. If you are unhappy with a decision made on your claim, you have the right to ask to have the decision reviewed. It is your right to question a decision by the Department and receive a fair hearing.

The Deciding Officers must adhere to departmental guidelines and to legislation when making a decision on your claim. Copies of these guidelines are available on the Department's website (www.welfare.ie) in the Freedom of Information section.

  • Appeal within 21 days of receiving the Deciding Officer's decision

Useful Websites

Casebase is a unique database of social welfare appeals case decisions. Social Welfare Appeals Officers' decisions currently are not published, although the Social Welfare Appeals Office does publish case studies in it's annual report and on it's website. Casebase provides a database of decisions and the rationale for those decisions and will help anyone involved in taking a similar case to appeal. Casebase allows people to search for cases similar to their own by the type of social welfare benefit(s) being appealed. The Northside Community Law Centre has established Casebase, which is the first of its kind in Ireland.

The Social Welfare Appeals Office

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. Its 'Appeals Officers' 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.

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 payment from the Community Welfare Officer in your local Health Centre - contact the INOU for further information.

How to make an Appeal

You should complete both sides of the appeal form (available in your local social welfare office) and include a request to have an oral hearing.

Appeals forms are should be returned to:

Chief Appeals Officer, Social Welfare Appeals Office, D'Olier House, D'Olier Street, Dublin 2
Telephone: 01 6718633 LoCall: 1890 747434
Email: swappeals@welfare.ie

Practical Steps in making your Appeal

  • Appeal within 21 days of receiving the Deciding Officer's decision
  • You can ask your local office to review the decision if you have new evidence or information that the Deciding Officer may not have had at the time. In some cases this can be sufficient and you won't have to appeal the decision to an Appeals Officer.
  • You can ask for your appeal to held as an oral hearing. This will allow you to present your case to the Appeals Officer in person and may increase your chance of making a more complete and comprehensive appeal. However, the outcome of some types of appeals will not be affected by requesting an oral hearing. You should clearly state that you wish to have an oral hearing on the appeals form.
  • When going to an oral hearing, you can bring a friend or advice worker to provide support or help you present your case. 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 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 Deparment has used in deciding your case.
  • 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, 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