Éamon Ó Cuív (Galway West, Fianna Fail)

The appeals office is an independent office which does not come under my remit in its operation. However, I discussed with officials the need to ensure that simple appeals with clear solutions should not go down on the same flow chart as appeals dealing with means tests or medical reports. They must find ways of dealing quickly with the simpler appeals because the longer the queue, the more people are ringing up to look for answers. It is hoped that by the end of the year, the chief appeals officer will be able to report that we have made significant progress in dealing with appeals and that this problem is being brought under control. The real reason for the problem is a significant increase in appeals.

In reply to Senator Doherty, a total of 2% of decisions are appealed. There has been a high success in appeals but part of the reason is that when a case goes to appeal, the person will supply more information which if provided initially, would have won the case at that stage. If new information is provided, the case goes back to the deciding officer and he or she has an opportunity to change the decision if it is believed that, based on the further information, an unwarranted decision was made. This is very common in medical cases. The doctors provide a lot of medical information with regard to various claims such as carer's allowances and so on but they do not address the real question of whether the person is capable of work in the case of illness benefit. They outline the medical condition but do not give a clear opinion on capability for work which is the crucial sentence. This is similarly the case with regard to appeals for carer's allowance. The crucial question is whether the person needs full-time care and attention. I have discussed this matter with the chief medical officer. There may be a case for better medical certification with more details on it so the pertinent questions are addressed and to save time and the need for people to appeal. I am all in favour of such a process.

On the case of the two visits referred to by Senator Doherty, I cannot comment on an individual case because I do not know whether that was the full story. All I can say is that I have found the investigative officers I have dealt with for the past 20 years to be thorough and helpful. I have on occasion made representations and they have explained to me they were trying to persuade the applicant to provide further information and if I could persuade the applicant to supply it, they assured me they would have no problem in passing the claim. If I had not made a representation, they would be unable to ask me to help as a third party. A representation must be initiated. It may be the case that the staff in Donegal are different but I do not think so. The staff in the Department are very good although with a staff of 5,000, not all of them will be uniformly helpful but in my long experience dealing with the Department from the outside, both as a Government Deputy and Senator and in Opposition, I have found the departmental staff to be helpful in the main and anxious to deal fairly with the customer. I have found the appeals officers extremely fair. I have noted that appeals hearings have procedures in place that certainly put people at ease. They are very open to appellants being accompanied and they always are prepared to share the information in the file so one is not led into places. The appeals system, in my opinion and experience, is very fair.