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GAZETTE
A
pril
1989
Social Welfare Appeals
System
Law Society's Submission to Minister for Social
Welfare on the Social Welfare Appeals System
The Law Society has noted that in
the Programme for National
Recovery in Section 4 under the
heading of Greater Social Equality
that the Government are examining
what changes if any are required in
the Social Welfare Appeals System
with particular regard to ensuring
that the system is perceived to be
fair.
Having consulted extensively
with its members the Law Society
considers that the system could be
considerably improved and is un-
sa t i s f ac t o ry in the f o l l ow i ng
respects.
1. An Appeals Officer is a Civil
Servant in the Department of
Social Welfare and is employed
by the Minister and it is unsatis-
factory that he should have to
decide on an issue in an appeal
between the Minister who is his
employer and an insured person
who is the appellant and a
member of the public. The
principal of "justice not only
being done but being seen to be
done" is of direct relevance and
very important here to insured
persons.
2. The insured person should be
advised of their right to appeal
against the decision of a
deciding officer.
3. An insured person should also
be advised of their right to
appeal to the High Court on a
point of law against the decision
of an appeals officer.
4. There should be an automatic
right to an oral hearing of
an appeal before an appeals
officer.
5. There should be an automatic
right for claimants as insured
persons to be represented and
legally represented if they so
require at all appeals.
6. The Law Society recommends
that the system of the hearing of
Social Welfare appeals by appeals
officers should be replaced by a
system on similar lines to the
Employment Appeals Tribunal
with a legally qualified chairman
as being the most effective way
in which the total integrity and
independence of the system
could be guaranteed in the
interests of justice, fair play and
proper due process.
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