The social welfare appeals system should be simplified to ensure fairness for low-income applicants, according to a new report.
The report, commissioned by the Northside Community Law Centre (NCLC) in Dublin, identifies a number of barriers facing those making appeals, including literacy and language obstacles, financial difficulties and intimidation by the system itself.
The authors also conclude that most people make appeals without independent information and advice, and that a majority do not have a representative during the appeal hearing.
The report criticises the failure to publish records and outcomes of appeals, and recommends the publication of a code of practice setting out the rights and responsibilities of the appellant and the appeals office.
Another problem, it says, relates to the independence of the Social Welfare Appeals Office (SWAO). Because of the link between the Department of Social and Family Affairs and the SWAO (whose staff are employees of the department), "there is a perception that an appeals system within this structure cannot be truly independent of the department".
This could be remedied by setting up a new appeals structure separate from the department.
Further suggestions include the employment by the SWAO of a "Plain English Officer" and the issuing of publications in languages other than English where required.
Colin Daly, managing solicitor of the NCLC, said the recommendations were informed by the group's experience of appeal cases. "We're proposing practical, simple and not very expensive steps to improve the system, particularly for those who might not be able to stand up for themselves." The report was launched by Senator David Norris.