The following are the terms and conditions which apply to our information and representation service.

If we are representing you, you should have received a summary of the decision for which is representation is being offered and information about the fee which applies.  If you have not received this, please contact us immediately for a copy.  If you have any questions about the terms and conditions please do not hesitate to contact us.

Free Decision Check – Initial Consultation

Welfare Appeals will read the decision and any other relevant papers which you provide us. We will provide you with information relating to relevant legislation or policies and explain the decision to you. This service is provided free of charge and without obligation on you to avail of any further services. All information provided in the free decision check is provided for information purposes only and without offering any advice on how to proceed and without liability for any omission or error.

Representation

Fee – The fee for representation will be agreed in advance. Fees will normally be between 5%-15% of any arrears entitlement which become due to the client at the time when the case is resolved, subject to a minimum fee of €200.

Example:

If you already owe money to the Department due to a previous decision or overpayment, this will not be taken into account in calculating the fee, unless agreed specifically with us in advance. It is therefore important to advise us of any previous alleged overpayment which may apply.

Additional Expenses – In cases which involve non-routine costs, for example when we have to travel to consult with a client or attend an appeal, or if an interpreter is required, an additional charge for expenses may apply. Clients will be made aware in advance that any such charges apply. Any such additional expenses are not returnable under any circumstances.

Information & Advice - All information provided by Welfare Appeals, whether in person, by phone, e-mail or through the website is provided for information purposes only.  Welfare Appeals does not accept liability for errors or omissions in information.  Welfare Appeals does not provide advice on whether a person should proceed with any particular social welfare application or appeal.  Clients must make decisions on whether proceed with a social welfare claim or appeal themselves.  Welfare Appeals only provides representation in cases which clients have decided to pursue.

Representation - Representation may include any of the following; making written or oral representations to third parties including to the Department of Social Protection; submitting a formal request for a review of a decision; submitting a request for information pursuant to the Freedom of Information Act; submitting a formal appeal to the Social Welfare Appeals Office; making written or oral representations to Social Welfare Appeals Office; attending with the client at any oral hearing before an Appeals Officer; attending any other meetings with the Department of Social Protection on your behalf; making submissions to the Office of the Ombudsman.

The level and nature of any representation provided is at the discretion of Welfare Appeals. All decisions in relation to a person's entitlement are made by the Department of Social Protection based on information provided by or on behalf of the client. Clients must ensure that all relevant information has been provided to the Department. Welfare Appeals assumes no liability in relation to whether the client is awarded a social welfare payment or not.

High Court & Circuit Court Appeals – We do not provide legal advice or representation in cases before the High Court or Circuit Court. We can however assist you in preparing documents to provide to your solicitor or other legal representative in the event that your case requires High Court or Circuit Court proceedings. We can also attend court with you to provide you or your legal representative with additional information. A separate fee for this service will apply and will be agreed beforehand with the client.

The Decision – We will set out the decision for which representation will be offered in writing before any representation is provided. A decision may include secondary benefits or payments for which entitlement is attached to the primary decision.

Calculations of entitlements & arrears – As part of the information we provide to you and the representation we provide, we may make a calculation of your potential entitlements relating to the decision and any arrears which may be received by you in the event of a positive decision. All calculations are estimates and are based on information provided by the client and are for information purposes only. No responsibility is accepted by Welfare Appeals for any errors or omissions in making calculations.

Some cases involve the exercise of a discretion by the deciding/appeals officer and it may be that circusmtances are such that a deciding/appeals officer reduces or refuses your payment on the basis of this discretion. It may also be the case that a deciding/appeals officer may decide to award a different payment than the payment which the client has applied for.

Clients should note that depending on circumstances a deciding officer/appeals officer may decide to apply a decision from any point in time and it may be that arrears may not be applied.

Alternative Payments – We will provide you with information on alternative payments which may be available to you and/or your dependent spouse/partner, including conditions that must be met to receive these. Welfare Appeals does not advise clients in respect of whether to apply for a particular social welfare payment or to pursue a particular course of action such as an appeal. All such decisions must be taken by the client themselves. Welfare Appeals accepts no liability in respect of a person applying for a particular social welfare payment or adopting a particular course of action.

Supplementary Welfare Allowance – We will provide you with information on Supplementary Welfare Allowance which may be available to a client pending a decision or an appeal, including information on the conditions that must be met to receive this. Welfare Appeals does not advise clients whether to apply for Supplementary Welfare Allowance or not. All such decisions must be taken by the client themselves.

If you are refused Supplementary Welfare Allowance pending an application or appeal in which we are already representing you, we will offer you representation in relation to appealing that decision as part of the terms of the original representation.

Deposit – Normally a deposit of €50 will be payable by the client. Larger desposits may be required depending on circumstances of each case. The deposit will be deducted from the fee when the case is resolved.

Guarantee – A minimum guaranteed result will normally be offered as part of the terms of the representation. This will be set out and agreed in writing prior to representation being provided. In the event that this minimum result is not achieved, Welfare Appeals will waive any fee for representation and will return any deposit paid. The guarantee is based on information provided by the client. The guarantee will not apply if the client has provided false or misleading information, or has failed to provide all relevant information to Welfare Appeals.

Withdrawal of Representation

Welfare Appeals reserves the right to withdraw representation at any time and for any reason.  Termination may be given in writing by post to the address last provided by the client or by e-mail to the e-mail address last provided by the client.  A client may terminate the agreement at any time by giving written or verbal notice that they no longer require representation. Any verbal notice of termination by the client will be confirmed in writing or e-mail by us within 5 working days.

Return of Deposit – Deposit will be returnable in the event that the guaranteed result was not obtained. No deposit shall be returnable if a client terminates the representation agreement, withdraws an application or appeal, or otherwise takes any action or fails to do something which results in the application or appeal to be dismissed or withdrawn. No deposit shall be returnable in the event that a client has provided false or misleading information or has failed to provide relevant information to Welfare Appeals.

No Guarantee Offered – In cases which Welfare Appeals considers to not offer a reasonable prospect of success, no guarantee will be offered. In this case a fixed price fee will be agreed and paid prior to providing representation and will not be returned under any circumstances.

Resolution of Case – A case will normally be resolved by a revised decision being issued by the Department or a decision being reached by the Social Welfare Appeals Office. In certain cases decisions by Appeals Officers can be revised. A case will be considered to have been resolved once all avenues before the Social Welfare Appeals Office have been exhausted. If a client has not obtained the guaranteed result and wishes to pursue a case to the High Court or Circuit Court, or to the Ombudsman's office, a new agreement can be entered into and the deposit from the initial case can be carried forward in respect of the new case.