David Stanton (Cork East, Fine Gael)
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Question 296: To ask the Minister for Social and Family Affairs the number of appeals received and processed respectively by the social welfare appeals office in 2006, with a breakdown of the number and average timescale for processing of same; the number of appeals which were decided in favour of the appellant; and if he will make a statement on the matter. [4412/07]

David Stanton (Cork East, Fine Gael)
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Question 297: To ask the Minister for Social and Family Affairs the number of appeals awaiting decision for each of the various schemes operated by his Department; the number of appeals which are to be decided by oral hearing; the average times and longest time it takes to process an appeal for each scheme of his Department whether decided by normal decision or by oral hearing; and if he will make a statement on the matter. [4413/07]

Séamus Brennan (Dublin South, Fianna Fail)
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I propose to take Questions Nos. 296 and 297 together.

Appeals statistics requested by the Deputy in respect of 2006 are currently being processed for inclusion in the annual report of the Chief Appeals Officer which will be published shortly. There were 5,851 appeals awaiting decision on 5 February 2007 of which 1,698 were awaiting an oral hearing. A breakdown of those cases by scheme type is set out in Table A.

Details of the average length of time taken to deal with appeals will be included in the annual report for 2006 which is being compiled. It is not expected it will vary much from the experience in 2005 when it took 20 weeks on average to process all appeals i.e. those decided summarily and by way of an oral hearing. A breakdown of those cases by scheme type is set out in Table B.

If allowance was made for the 25% most protracted cases, the average fell 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 requested 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 examination 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 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 in place for determining appeals are designed to ensure that each case receives 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.