Written answers

Wednesday, 31 October 2007

Department of Social Protection

Social Welfare Appeals

9:00 pm

Photo of John PerryJohn Perry (Sligo-North Leitrim, Fine Gael)
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Question 68: To ask the Minister for Social and Family Affairs the number of oral hearings for social welfare appeals held each year, by county; the way the locations are determined for each hearing; if there are mechanisms in place to speed up the process where delays are experienced; and if he will make a statement on the matter. [26176/07]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 93: To ask the Minister for Social and Family Affairs the average time taken to process social welfare appeals; and if he has proposals in this regard. [26246/07]

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)
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I propose to take Questions Nos. 68 and 93 together.

I am advised by the Social Welfare Appeals Office that statistics on a county basis are not maintained for the number of oral hearings held each year. During 2006, 4,220 oral hearings were conducted by the Social Welfare Appeals Office at 59 venues around the country with a further 1,700 held at its headquarters in Dublin. Overall, Appeals Officers made 171 week long visits throughout the country during the year

The selection of locations to be visited is based on the number of appeals on hand in a particular area in a given week. In general, those who are waiting longest can expect to be scheduled for a hearing when an Appeals Officer is next in the area. A small number of cases are given priority when exceptional circumstances arise.

During 2006, 75% of all appeals were processed within 14 weeks, while on average all appeals were cleared within 21 weeks. In addition to affording customers the right of appeal to the Social Welfare Appeals Office, all customers who receive an adverse decision are advised of their right to have their claim reviewed by a Deciding Officer of my Department where new facts or fresh evidence comes to light. These procedures can enable a speedy resolution of the appeal as the Deciding Officer may make a revised decision on foot of the new evidence received. Of appeals cleared in 2006, 23 % were disposed of in that manner.

The social welfare appeals process is quasi-judicial 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. Gathering all the evidence takes time and impacts on the speed at which appeals can be decided. 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. In addition, where illness or disability is involved, it may be necessary to have a further examination carried out by a Medical Assessor of my Department.

I am advised that improving processing times is 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 natural justice and the requirement that every appeal be fully investigated and examined on all its merits.

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