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Dep't. of Social, Community & Family Affairs - Case Summaries 1999

Dep't. of Social, Community & Family Affairs - Case Summaries 1999

ANNUAL REPORT OF THE OMBUDSMAN 1999

24 May 2000

In 1999 the Ombudsman received 665 valid complaints against the Department of Social, Community & Family Affairs (DSCFA) which amounted to 48% of the overall complaint figure for Government departments and offices. This compares with a total of 786 complaints (representing 56% of civil service complaints) received against the DSCFA in 1998. The volume of complaints against the DSCFA continues to decline but it is still higher than against any other single public body. In addition to the 665 valid complaints received in 1999, there were 176 complaints on hands at the start of the year. This meant there was a total of 841 complaints against DSCFA to be dealt with during 1999. Of this 841 figure, the Ombudsman completed his examination in the case of 694 complaints. The outcome in relation to the 841 completed cases was: 90 complaints resolved and 36 cases partially resolved; assistance was provided in 170 cases; 303 cases were not upheld and 95 cases were either withdrawn or discontinued.

In his 1999 Annual Report the Ombudsman highlights the following cases in relation to the Department of Social, Community & Family Affairs:

o Two complainants, who had been receiving Deserted Wife's Benefit (DWB), found that a temporary absence from the State resulted in the loss of DWB on their return. The Ombudsman felt that the legislation did not provide a specific basis for the Department's decisions. Ultimately, the DSCFA accepted this view and the two complainants had DWB restored. The circumstances in which a temporary absence from the State can result in loss of DWB were subsequently clarified in legislation. Department of Social, Community & Family Affairs

o A national of another EU state, resident in Ireland for many years, raised a complex issue regarding the applicability of EU social security regulations to his claim for Carer's Allowance in Ireland. He felt that the Irish legislation on Carer's Allowance, which prevailed at the time of his first claiming, discriminated unfairly against nationals of other EU states resident here who might wish to claim Carer's Allowance. Following a very protracted series of contacts with the DSCFA, it accepted that the practice identified by the complainant did amount to a breach of the relevant EU regulations. Appropriate arrears of Carer's Allowance were paid in this case. Department of Social, Community & Family Affairs

o A particular complaint highlighted a problem created by the continued application of old and out of date legislation. The type of case was one to which the first Ombudsman, Michael Mills, had drawn attention in his Annual Report for 1987. The issue, in effect, was that a person could be worse off from a social welfare viewpoint by taking up part-time employment than by remaining fully unemployed. The complexities of social insurance regulations are such that a person working only one day a week - as was the position of the complainant - can be effectively excluded from the protection of social insurance with consequences for pension and other entitlements. In this instance, the Ombudsman says that it is unacceptable that out-dated regulations, with such inequitable consequences, should continue to remain in place particularly where the problem has been drawn to the attention of the DSCFA as long ago as 1987."Fair administration acknowledges that rules should not be applied so rigidly as to create inequity." ***

The full text of this Press Release with relevant hyperlinks to the Annual Report is available on the Ombudsman's Internet site at http://www.irlgov.ie/ombudsman/23a2_156.htm A detailed press release is also available at http://www.irlgov.ie/ombudsman/2396_156.htm The complete Annual Report is published at http://www.irlgov.ie/ombudsman/report99/pub.htm[http://www.irlgov.ie/ombudsman/report99/pub.htm