SWA Appeals

SWA Appeals

SWA Appeals – Decisions

Each application for an SWA payment must be treated as an individual application. CWS officers cannot seek to refuse a payment where they rely solely or exclusively on any other decision made by another official of the Department in justifying a refusal of an SWA payment. While information on qualification, means, family size and other details related to your ‘status’ may be shared internally by the Department of Social Protection, each application for SWA must be assessed on its own merits and a decision must be reached by the Department of Social Protection using due process, natural justice, and fair procedure. Any decision rendered by the Department of Social Protection must rely on the facts and evidence set before them in the application, mindful of the governing legislation.

SWA Appeals – Seeking a Review

If you are unhappy with a decision you can seek a Review:

• Ask the CWS Officer exactly why any payment is being refused/reduced and request the decision in writing on the grounds that you may wish to appeal. Ask them to make specific reference to the relevant legislation they are seeking to rely upon in support of their decision. The letter should be clearly written in ‘plain’ English and signed by the named CWS officer who made the decision.

• Review the information you provided as part of your application. Check to make sure the CWS officer had all the relevant information available to them at the time they made their decision. Provide any added information as may be relevant.

• Contact the CWS officer directly and ask if they would review the existing information considering any further clarification or any added information or evidence. You should also forward your request for a review in writing. You should clearly ask the CWS officer to reverse the original decision.

• If you are unhappy with the result of this review, you may then make a formal appeal to the Social Welfare Appeals Office.

SWA Appeals – Social Welfare Appeals Processing Times

Processing times for appeals can vary depending on the nature and detail of the issue under appeal. Summary Social Welfare Appeals, without an oral hearing, can be completed in a few weeks. If you apply for an oral hearing, and the oral hearing is granted, it can take several weeks/months for the oral hearing to occur. If your appeal relates to an application for Supplementary Welfare Allowance and you have no alternative source of income, you can ask the Appeals Office to prioritise your appeal.

SWA Appeals – Payment Pending Appeal

SWA – Additional Needs Payment (ANP)

If you are appealing the refusal of a basic weekly SWA payment, and have no immediate income or means of support, you can apply for a once off Additional Needs Payment (ANP) from the Department of Social Protection. There is no automatic entitlement to an Additional Needs Payment (ANP) while awaiting the outcome of an appeal decision.

SWA – Weekly Payment

If you are appealing the refusal of a basic weekly SWA payment and have no on-going income or means of support – through no fault of your own, you can apply for a basic weekly SWA payment from the Department of Social Protection pending the outcome of the original appeal. There is no automatic entitlement to a basic weekly SWA payment while awaiting the outcome of an appeal decision.

Return to the Contents section for SWA article