Appendix 1 Statement of Complaint issued to the HSE and Department of Social Protection on 28 July 2011

Ms Kileni complained to the Ombudsman about the failure of the Health Service Executive (HSE) to implement an appeal decision in her favour on her application for Supplementary Welfare Allowance (SWA).  Ms Kileni's complaint is that this failure to implement the appeal decision, made by an Appeals Officer of the Social Welfare Appeals Office, has had a significant adverse effect on herself and her family, not least because of the very difficult circumstances in which she and her family found themselves at the time.

The background to this case is that Ms Kileni and her two dependent children came to Ireland in 2007 as asylum seekers. Initially, she was paid SWA at what is known as the Direct Provision rate while living in Direct Provision accommodation in Mayo. This rate is intended for private necessities only as, with Direct Provision, the claimant is regarded as not having housing or food costs. At the time, the rate was €19.10 a week for an adult and €9.60 for a child dependant.

In November 2008, because (she says) she found the Direct Provision accommodation unsuitable in her particular circumstances, Ms Kileni went to live with friends in Dublin and applied for SWA at the standard rate. This application was refused. She appealed this decision, initially through the HSE appeal arrangements and subsequently to the Social Welfare Appeals Office. In June 2009 she attended an oral hearing at the Social Welfare Appeals Office. In December 2009 the Appeals Officer allowed the appeal. However, following this appeal decision in her favour, the HSE failed to implement the decision and did not pay the arrears due retrospective to the date of original application in November 2008.

In January 2011 - thirteen months after the decision of the Appeals Officer and 26 months after her application - the HSE paid Ms Kileni arrears of SWA retrospective to November 2008. These arrears were paid following the involvement of the Ombudsman's Office.

With the payment of the arrears due to her, Ms Kileni's initial complaint to the Ombudsman, concerning the HSE's failure to implement the Appeals Officer's decision, has now been resolved.  However, she continues to complain about the delay in paying these arrears and contends that this delay has caused not only financial hardship but extreme distress to herself and her family. For example, a decision to reunite Ms Kileni with a daughter, who was in foster care, appears to have been influenced by the positive decision of the Social Welfare Appeals Office in December 2009.  However, the reunification seems to have been delayed as the Appeals Officer's decision was not implemented at the time.