If you are unhappy with a decision of the Department of Social Protection you can make an appeal. Depending on the type of payment, you appeal either to the Social Welfare Appeals Office or the Department of Social Protection.
There are a number of stages involved in the appeal process. This checklist outlines these stages and explains the process involved in making an appeal to the Social Welfare Appeals Office.
1. Is the payment or scheme you wish to appeal covered by the Social
Welfare Appeals Office?
Most social welfare
schemes are covered by the Social Welfare Appeals Office. If the payment or
scheme you wish to appeal is not covered by the Social Welfare Appeals Office,
you can ask for a review of the decision by the Department of Social Protection
but you cannot bring it to a formal appeal.
2. Are you within the time limits for making an appeal?
Generally you have 21 days following the decision to get your appeal into the
Social Welfare Appeals Office. If your application is late, you must give the
reasons why it is late. Appeals Officers do not have to accept
late applications.
3. Do you need help with making your appeal?
Some voluntary organisations (such as your local Citizens Information
Centre) can help you to decide if you have grounds for an appeal. They can
help you to prepare your case and may even go with you on the day of your oral
hearing.
4. Why you do not agree with the Department of Social Protection's
decision?
Set out why you do not agree with the Department's decision. Get all the
documents you need to prove your case. All your documents on the appeal file
should be arranged in date order. Where photocopies only are available, they
should be of good quality and clearly legible. You may find it useful to read
some examples of
cases taken to the Social Welfare Appeals Office.
5. Put in your 'Notice of Appeal' with the information you have gathered before the 21 day deadline. Remember, the Notice of Appeal should contain:
6. Has the Social Welfare Appeals Office confirmed in writing they
got your appeal?
You should get a letter from the Social Welfare Appeals Office telling you they
have received your appeal. It will contain your Appeal Reference Number. You
should put your Appeal Reference Number on all written communication with the
Social Welfare Appeals Office. You should also have it to hand if you phone
them.
7. Did you get a letter with a decision from the Social Welfare
Appeals Office?
The Appeals Officer can make a decision using the information you sent
in your Notice of Appeal. However, the Appeals Officer may wish to talk with
you before making a decision. In this case, you will get a letter to attend an
oral hearing.
8. Did you get a letter requesting you to attend an oral
hearing?
You will get a letter asking you to attend an oral hearing if the Appeals
Officer wants to ask you more about your case. Don't worry - an oral hearing is
a good opportunity for the Appeals Officer to get to know your case in more
detail .
9. Did you take note of the date, time and location of the
hearing?
Appeal hearings are non-confrontational. The Appeals Officer is there to listen
to your point of view and will make a fair decision. If you cannot make the
oral hearing contact the Social Welfare Appeals Office as soon as possible so a
change of date can be arranged. Make sure you arrive on time
10. You will be given a decision on your case
The Appeals Officer will notify you of his/her decision and the reasons for
that decision in writing. A similar letter will be sent to the Department at
the same time.
If there has been an oral hearing, you will get the Appeals Officer's decision within three of four weeks. The Appeals Officer will decide on the appeal and tell you of the decision in writing. A similar letter will be sent to the Department at the same time. If your appeal is not successful the Appeals Officer will explain why.
Here are
some frequently asked questions about making an appeal.