Liam Quaide
Ceist:421. Deputy Liam Quaide asked the Minister for Social Protection the average timeframe in 2025 for the finalisation of a Section 318 review under the Social Welfare (Consolidation) Act 2005. [18227/26]
Amharc ar fhreagraThursday, 5 March 2026
Ceisteanna (421)
Freagraí scríofa
The number of Section 318 reviews requested each year is relatively low and tends to track overall appeal volumes. For example, 168 reviews under Section 318 were registered in 2025 representing about 0.3% of 52,000 appeals finalised in that year. The average timeframe in 2025 for the finalisation of a Section 318 review under the Social Welfare (Consolidation) Act 2005 was 40 weeks.
Under Section 318 of the Social Welfare Consolidation Act 2005, the Chief Appeals Officer may, at any time, revise any decision of an appeals officer, where it appears that the decision was incorrect by reason of some mistake having been made in relation to the law or the facts.
A request for a Section 318 review can be made in writing by the appellant after they receive their initial appeal decision or may also be requested by the relevant scheme area of the Department. There is no fixed statutory time limit for completing a Section 318 review. Reviews are carried out on a case-by-case basis and the length of time can depend on the complexity of the case and the contentions raised. The issues that may be raised in such cases can be varied in nature and can also be legally and/or factually complex.
In addition, Section 318 reviews can be sought in conjunction with wider legal proceedings and in some cases cannot progress while these proceedings are ongoing. As a consequence there is no standard time to analyse and assess Section 318 cases. Given these factors and also the relatively low volume of Section 318 cases, average processing times are not a reliable indicator of productivity or efficiency.
Until recently Section 318 cases could only be considered from commencement to completion by the Chief Appeals Officer herself. Given the other responsibilities of the Chef Appeals Officer, including organisation and management of the appeals service itself, this created a single pinch point in the process for section 318 cases. To address this, new regulations (S.I. No. 744 of 2024) came into effect from Monday, 28 April 2025 to, among other things, provide for other officers to undertake the preparatory analysis of cases up to and including a recommendation in respect of section 318 cases. While all cases must continue to be determined by the Chief Appeals Officer this change is intended to allow faster turnaround, particularly of less complex cases.
The Chief Appeals Officer continues to monitor processing times and significant efforts are being made to reduce the time taken to process all appeals as well as reviews under Section 318.