Freedom of Information requests for the department
From Department of Social Protection
Published on
Last updated on
From Department of Social Protection
Published on
Last updated on
The Freedom of Information Act states that, from 21 April 1998, every person has these legal rights:
People can seek access to personal information held on them no matter when the information was created.
They can also seek access to other records created after 21 April 1998.
Access to information under the Act is subject to certain exemptions and involves specific procedures and time limits.
Applications should be in writing and should state that the records are being applied for under the FOI Act.
The application should say if the information is desired in a certain form, for example photocopy.
Please give as much detail as possible of the records you are seeking to include timescale, that is, from date to date. This enables staff of the department to identify the records sought.
Requests that are broad or vague can not be processed without clarification. Staff of the department will be happy to help you clarify your request. Such requests are deemed received on the date clarification is agreed.
Information relating to an identifiable individual, only known to the individual or family.
Concerning work of a public body, for example statistics, reports, policy, briefs.
Elements of both personal and non-personal category combined.
Staff have been appointed in each business area of the department to process and decide FOI requests.
You should address requests for specific claim records to the FOI officer in the scheme area which dealt with your claim. They will be in the Local Office or Headquarter Office where your claim was processed. See the addresses below.
If you are unsure where to submit your request, it can be submitted to the FOI Unit (address below) who will redirect it. You may also contact the FOI Unit by telephone or email for further details.
The department does not recommend sending personal or confidential information by email.
The department cannot guarantee personal and sensitive data is fully secure. If you choose to use email you accept any risk involved.
If you have concerns for the safety of your personal and confidential information then consider sending the information by mail or registered mail.
When you make a request for personal information you may be asked to provide identification such as a public service card so information is only given to those entitled to it.
Application Form: Access to Records (FOI1)
If you wish to access records regarding a specific claim or payment, you should specify this in your request. If it isn’t possible to identify the records requested after a reasonable search has been made, your request may be refused and you will be notified of this.
Request for Amendment of Personal Records (FOI2)
Updated: November 2020
Requests for access to non-personal/mixed records should be forwarded to:
Note: If you require general information on any of the Benefit or Allowance Schemes you should contact the Scheme Area
Requests for Personal records do not attract fees under the FOI Act.
Requests for Non-Personal records may attract fees if the scope of the request is broad or voluminous.
Please ensure your request for records is specific, and if possible targeted to one subject and covers a short period of time. This will reduce fees for search, retrieval and photocopying of records.
From 14 October 2014 fees may be charged for the time spent locating and copying records, based on a standard hourly rate of €20.00 for search and retrieval, and €0.04 for copying per page. The first 5 hours (€100) of search and retrieval is free. Once the charge exceeds €100, fees apply.
There is a cap on the search, retrieval and copying fees of €500 (approximately 25 hours). That means an FOI request that costs €650 is charged at €500.
There is a further upper limit on estimated search and retrieval and copying fees at €700 (35 hours). Above this an FOI body can refuse to process the request, unless you are prepared to refine it to bring the fees below the limit.
You must pay a deposit where the total fee is likely to be more than €100. If this is the case, the department will notify you.
If you are dissatisfied with the initial decision on your request for records, you may seek an internal review which will be carried out by an official at a higher level in the department. You may also seek an internal review if you have not received a reply within 4 weeks of your request for records.
A request for internal review must be submitted within 4 weeks of the initial decision (or the date the decision was due in the case of non-reply). The department must complete the review within 3 weeks.
There is no upfront fee for a request for a review in relation to personal records. However, a fee of €30* must accompany applications for internal review of a decision in relation to non-personal records. *(A reduced fee of €10 applies if requester is covered by a medical card). There is no fee payable for cases where a review is sought due to the non-reply of the initial request.
Following completion of internal review, you may seek independent review of the decision by the Information Commissioner. Also, if you have not received a reply to your application for internal review within 3 weeks, this is deemed a refusal and you may appeal the matter to the Commissioner. The Commissioner's decision is final and can only be appealed to the High Court on a point of law.
Appeals to the Information Commissioner should be made in writing to the following address:
There is no upfront fee for a request for an appeal in relation to personal records. However, a fee of €50* must accompany applications for review by the Information Commissioner in relation to non-personal records.
*(A reduced fee of €15 applies if requester is covered by a medical card.) There is no fee payable for cases where an appeal is being sought due to the non-reply of the internal review request.
The Department of Social Protection always makes information routinely available to the public in relation to its functions, activities and schemes.
The department is committed to ensuring that staff making decisions, do so with full knowledge of the relevant legislation and regulations and that the basis for those decisions is clearly explained to customers. Such information is available informally without the need to use the FOI Act.
The FOI Act is designed to allow public access to information held by public bodies which is NOT routinely available through other sources.
The department undertakes to treat as confidential any information provided to it by individuals or others on a confidential basis, subject to the department's obligations under law, including the Freedom of Information Act. Any persons supplying information to the department that they wish to have treated as confidential should state this when providing the information and state the reasons for its sensitivity. The department will consult with any individual or body so supplying sensitive information before making a decision on any Freedom of Information request received.
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