Willie O'Dea (Limerick City, Fianna Fail) | Oireachtas source

The Minister said that the appeals system is a quasi-judicial process, and I am aware of that. She said that the process takes time, and I am very much aware of that. In my amendment I am providing for a period of time in this respect, namely, up to three months - 12 weeks or 60 working days. The Minister pointed to the new resources that have been put in place and the changes that have been made. From the anecdotal evidence available to me, I believe the situation is beginning to slip back again. Longer delays are beginning to creep back in. We seem to reach a certain point and then regress.

The Minister made the point that if an amendment along these lines was included, people would find a loophole by deciding that they would keep sending in information or that they would not send it in and therefore a decision would have to be made in their favour within 60 days. That is ridiculous. That is the reason I included the other paragraphs in my amendment, which provide that if there is a compelling reason an appeals officer cannot make a decision within 60 days, the officer should obtain permission to extend the period and submit the reason for doing so in writing. If the wording in my amendment is not sufficient to meet that requirement, I am sure it is not beyond the wit of the Department of Social Protection to make the necessary adjustment to ensure there is not a loophole in the section.

I am mindful of one case in particular, among many others, of a family in Limerick who are dear friends of mine. The mother became very ill and the daughter gave up her job and applied for a carer's allowance. Try as I might, and there was no shortage of evidence, which was submitted on time and was very compelling, I could not persuade the Department that the mother was sufficiently ill to warrant her daughter being granted a carer's allowance. This process continued for more than a year. We appealed the decision and the appeals process continued for approximately a year. The entire process took two years and two months. Ultimately last February, the appeal was finally decided in the applicant's favour and within a fortnight the unfortunate person who was being cared for died. The process involved in that case is unacceptable.

The Minister gave a long, detailed and comprehensive reply, but what it came down to was her justifying a situation whereby in the normal course of events the appeals office can be justified in dragging out an appeal for more than three months. I do not find that acceptable.

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