Written answers

Thursday, 30 November 2006

Department of Social and Family Affairs

Social Welfare Appeals

6:00 pm

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 129: To ask the Minister for Social and Family Affairs the average wait to process a appeal with the Social Welfare Appeals Office; if his attention has been drawn to the financial hardship such delays cause the families involved; the steps which he is taking to reduce the backlog; and if he will make a statement on the matter. [40975/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The average length of time taken to deal with all appeals (both summary and oral) by the Social Welfare Appeals Office in 2005 was 20 weeks. If allowance is made for the 25% most protracted cases, the average falls to 13 weeks.

The social welfare appeals process is a quasi-judicial process and it is necessary for the Appeals officer to be satisfied that he/she has all the facts before making a decision on a case. Furthermore, the Appeals officer must give the person making the appeal and the Deciding Officer the opportunity to make their views known on the facts of the appeal.

My Department introduced a right of review in 2002 to ensure that customers who received adverse decisions could have them reviewed in the light of any new evidence they brought forward. Customers whose claims are disallowed or who are otherwise dissatisfied with a decision are advised that they should bring any new facts or evidence to the attention of the Deciding Officer in the first instance for re-examination and, if appropriate, a revised decision. They are informed that this right is in addition to their right of appeal. The right of appeal to the Social Welfare Appeals Office remains an option if the review by the Deciding Officer is not fruitful.

The review process is speedier than the appeals process and in 2005, 3,300 cases were disposed of by way of review.

Any person who is unable to meet their needs and those of their dependants may apply for Supplementary Welfare Allowance from the Health Service Executive. If a person is refused Supplementary Allowance they also, through the Health Service Executive, have a right to appeal to the Social Welfare Appeals Office. These appeals are given priority.

Improving processing times remains a major objective of the Social Welfare Appeals Office.

However, 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.

Photo of Denis NaughtenDenis Naughten (Longford-Roscommon, Fine Gael)
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Question 130: To ask the Minister for Social and Family Affairs when a farm assist appeal for a person (details supplied) in County Roscommon will be dealt with by the Social Welfare Appeals Office; if he is satisfied with the delay in processing this appeal; and if he will make a statement on the matter. [40974/06]

Photo of Séamus BrennanSéamus Brennan (Dublin South, Fianna Fail)
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The person concerned applied for farm assist from 16 September 2005. Her means were assessed at Euro 133.00 per week derived from spouse's self-employment and income from land and accordingly the Deciding Officer awarded farm assist at the rate of Euro 58.00 per week.

An appeal against this decision was received in the Social Welfare Appeals Office on 21 June 2006 and the Appeals Officer considers that an oral hearing is necessary in the case. This will be arranged as soon as possible.

The Social Welfare Appeals Office receives in the region of 14,000 appeals each year. Every effort is made to treat these appeals in a fair and equitable manner and within this context to have the appeal dealt with as quickly as possible. Improving processing times remains a major objective of the Social Welfare Appeals Office.

However, 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.

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.

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