David Stanton (Cork East, Fine Gael)
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Question 253: To ask the Minister for Social and Family Affairs the breakdown of the number of appeals currently awaiting decision for each of the various schemes operated by his Department respectively; the number of appeals which are to be decided by oral hearing; the average and longest time it takes to process an appeal for each scheme of his Department; if being granted an oral hearing extends the waiting time for an appeal to be processed; and if he will make a statement on the matter. [33510/06]

Séamus Brennan (Dublin South, Fianna Fail)
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The Social Welfare Appeals Office deals with about 14,000 appeals on an annual basis. On 30 September 2006 there were 5,565 appeals awaiting decision. A breakdown of these cases follows (Table A). A breakdown of average processing times for each scheme, based on 2005 figures, also follows (Table B). Figures regarding the longest time it takes to process an appeal for each scheme of my Department are not maintained. On 16 October 2006 there were 1,970 cases awaiting an oral hearing of which 400 have been scheduled.

The average length of time to deal with all appeals (i.e. those decided summarily and by way of an oral hearing) in 2005 was 20 weeks. If allowance is made for the 25% most protracted cases, the average time falls to 13 weeks. Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in evidence presented by both parties or where an oral hearing is required by the appellant in order to present his or her case. Given the logistics involved in organising oral hearings, the average length of time is increased by 8 weeks where an oral hearing is involved.

The processing time for appeals covers all phases of the appeal process including the submission by my Department 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 may arise, normally outside of the control of the Social Welfare Appeals Office, which have the effect of unduly prolonging the time taken to process appeals. For example, delays can occur where the appellant submits new information or evidence, often at an advanced stage in the proceedings. In some cases adjournments may be sought by the Appellant or his/her representative.

The social welfare appeals system is a quasi-judicial one and the procedures involved are designed to ensure that every appellant's case gets full and satisfactory consideration.

While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.