Written answers
Thursday, 17 April 2008
Department of Social and Family Affairs
Social Welfare Appeals
5:00 pm
Michael Ring (Mayo, Fine Gael)
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Question 386: To ask the Minister for Social and Family Affairs when an appeal was received in his Department for a person (details supplied) in County Mayo; the reason it is taking an inordinate amount of time for the person to be called for an appeal; and when the person can expect to be called. [14425/08]
Martin Cullen (Waterford, Fianna Fail)
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The Social Welfare appeals system procedures are designed to ensure that every appellant gets full and fair consideration.
I am advised by the Social Welfare Appeals Office that an appeal from the person concerned was received in that office on 20 August 2007. In accordance with the statutory requirements the relevant Departmental papers and the comments of the Social Welfare Services Office on the matters raised in the appeal were sought. Issues raised by the person concerned in the grounds of appeal required further investigation by the Department. These investigations have now been completed and the case has been referred to an Appeals Officer who proposes to hold an oral hearing on 29/4/08. The person concerned will be informed when arrangements have been made.
The Social Welfare Appeals Office is an office of my Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
Jack Wall (Kildare South, Labour)
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Question 387: To ask the Minister for Social and Family Affairs the reason an application for supplementary welfare allowance for a person (details supplied) in County Kildare was refused; and if he will make a statement on the matter. [14477/08]
Martin Cullen (Waterford, Fianna Fail)
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The Health Service Executive has stated that the matter is currently under review with the Executive's Appeals Office and has advised that the person concerned will be informed of the outcome of its decision in due course.
Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 388: To ask the Minister for Social and Family Affairs the time limit within which an appeal must be determined by the Appeals Office; the time limit within which an oral appeal must be held if such an appeal is deemed necessary; and if he will make a statement on the matter. [14723/08]
Martin Cullen (Waterford, Fianna Fail)
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The social welfare appeals system is quasi- judicial and the procedures involved are designed to ensure that every appellant gets full and satisfactory consideration. Accordingly, there is no time limit within which an appeal must be determined by that Office or within which an oral hearing must be heard.
During 2007 the average time taken to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance was made for the 25% most protracted cases, the average time fell to 14.4.weeks.
Oral hearings are granted at the discretion of the Appeals Officer usually in circumstances where there is a conflict in evidence presented by the parties to the appeal 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 my 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. Issues may also arise during the course of an appeal which require further investigation.
Improving processing times of all aspects of the appeals process 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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