Ombudsman finds that the HSE failed to implement a decision of the Social Welfare Appeals Office

The Ombudsman, Emily O’Reilly, has today published her report - Appeal Overruled: A failure to provide basic income for a family seeking asylum- following her investigation into the failure of the Health Service Executive (HSE) to implement a decision of the Social Welfare Appeals Office to award Supplementary Welfare Allowance* to a woman who sought asylum here. The Ombudsman found that the HSE “had no proper basis for its actions and that the failure caused significant adverse consequences over an extended period for the woman and her two daughters”.  The Ombudsman also found that the failure to implement the Appeals Office’s decision had a negative impact on the efforts to re-unite the family which were being made by the HSE’s Child Protection Service.  Following the intervention of the Ombudsman the HSE agreed to pay arrears of €11,882 to the woman and a subsequent ‘time and trouble’ payment of €3,000.  The HSE also apologised to the woman.

In her report, the Ombudsman describes how the woman and her two daughters sought asylum in Ireland.  The woman complained about the rate of SWA paid to her by the HSE following a successful appeal. She believed that the decision of the Social Welfare Appeals Office was to award her the full rate of SWA (€197.80 for herself and €24.00 per week for her daughter).  However the HSE had paid her €19.10 for herself and €9.60 for her daughter.  (This lower amount is the rate paid to asylum seekers living in ‘direct provision’ accommodation.  However, the woman was not living in ‘direct provision’ accommodation at the time.)

Prior to the woman's application for SWA her 15-year-old daughter was hospitalised following an attempted suicide and after discharge from hospital had been placed in foster care on a voluntary basis.  Following the decision of the Social Welfare Appeals Office the HSE’s Child Protection Service had proposed to reunite the woman with her daughter.  However, the woman did not receive the full payment of SWA and the reunification did not take place.  The Ombudsman found that the failure to implement the decision of the Social Welfare Appeals Office impacted negatively on the efforts to re-unite the family.

*Supplementary Welfare Allowance is a basic payment and/or supplement to cover certain expenses a person may not be able to meet.  The main purpose of the payment is to guarantee a basic minimum income.

The Ombudsman’s full report, Appeal Overruled: A failure to provide basic income for a family seeking asylum, and a summary of the report are available on the Ombudsman’s website

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