Michael Ring (Mayo, Fine Gael)
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Question 386: To ask the Minister for Social and Family Affairs if an appeal was heard for a person (details supplied) in County Mayo in relation to unemployment assistance; and if so, the outcome of this appeal. [27464/06]

Séamus Brennan (Dublin South, Fianna Fail)
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An oral hearing for the person concerned was arranged for 3rd May 2006. However, the person concerned did not attend the hearing. She telephoned the Social Welfare Appeals Office on 4th May 2006 and said that she had not received the letter of notification as she had moved address. She undertook to write in giving details of her new address.

As no letter was received, the Appeals Officer has deemed the case to be withdrawn. If the person concerned forwards her new address to the Social Welfare Appeals Office her appeal can be re-opened.

Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Michael Ring (Mayo, Fine Gael)
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Question 387: To ask the Minister for Social and Family Affairs the reason a person (details supplied) in County Mayo is not allowed to sign for credits in view of the fact that this person is due to commence work in mid July 2006 and has provided proof of same. [27589/06]

Séamus Brennan (Dublin South, Fianna Fail)
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To qualify for credited Social Insurance contributions while unemployed (unemployment credits) a person must be available for full-time employment, capable of work and must be genuinely seeking work.

A Deciding Officer disallowed the unemployment credits application of the person concerned from 29 May 2006, on the grounds that she is not genuinely seeking work.

It is open to the person concerned to appeal this decision and a form for this purpose may be obtained from her Local Social Welfare Office. Under Social Welfare legislation decisions in relation to claims must be made by Deciding Officers and Appeals Officers. These officers are statutorily appointed and I have no role in regard to making such decisions.

Brendan Howlin (Wexford, Labour)
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Question 388: To ask the Minister for Social and Family Affairs the average waiting period for an oral hearing in the context of social welfare appeals; if he is satisfied that such waiting period affords an acceptable level of service to appellants; if he will take steps to ensure that appeals requiring oral hearing will be dealt with more expeditiously; and if he will make a statement on the matter. [27590/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The average length of time taken to deal with all appeals (i.e. those decided summarily and by way of an oral hearing) by the Social Welfare Appeals Office in 2005 was 20 weeks. However, if allowance is made for the 25% most protracted cases, the average time falls to 13 weeks.

The processing time for appeals covers all phases of the appeal process including the submission by the Department of Social and Family Affairs of its comments on the grounds for the appeal, further examinations by the Department's Medical Assessors in certain sickness related cases, and the holding of oral hearings which are currently afforded in two out of every three cases determined by Appeals Officers.

Circumstances can arise, normally outside of the control of the Social Welfare Appeals Office, which can have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant furnishes new evidence which requires investigation at a late stage in the proceedings or where an adjournment of an oral hearing may be sought by the appellant or his or her representatives.

An oral hearing is granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in the evidence presented by both parties or where an oral hearing is requested by the appellant in order to present his or her case adequately. Given the logistics involved in organising oral hearings, the average length of time is increased by about 8 weeks where an oral hearing is involved.

The Social Welfare Appeals Office deals with about 14,000 appeals on an annual basis and the processing time in relation to oral hearings is kept under constant review. The nature of the service provided is judicial and the procedures in place for determining appeals are designed to ensure that each case receives full and satisfactory consideration. Consequently, improvements in processing times must be achieved in a manner which is consistent with justice being seen to be done and the need to ensure that every appeal is fully investigated and determined on all its circumstances.