Ciarán Lynch (Cork South Central, Labour)
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Question 97: To ask the Minister for Health and Children the reason for the delay in processing the claim for a person (details supplied) under the health repayment scheme; the further reason an appeal lodged in September 2007 was not responded to; the average time for the resolution of appeals; and if she will make a statement on the matter. [45742/08]

Mary Harney (Dublin Mid West, Progressive Democrats)
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The Health Repayment Scheme Appeals Office is an independent office established to provide an appeals service to those who wish to appeal the decision of the Scheme Administrator under the Health (Repayment Scheme) Act 2006. The Health Repayment Scheme Appeals Office received a completed appeal form from the claimant referred to by the Deputy on 19 September 2007 and the Appeals Officer commenced his investigations. Unfortunately, the Appeals Officer had not made a determination on this appeal by October 2008 when the patient's son informed the Appeals Office that the patient was deceased.

While every effort is made to determine an appeal as soon as possible, the time taken to resolve an appeal is dependent on the complexity of the appeal and whether any additional reviews are required to be completed by the Health Service Executive or Scheme Administrator. The patient's son was informed that the appeal would have to be withdrawn due to the death of the patient and a 'follow on' claim would have to be submitted by the legal representative of the estate in compliance with the established legal framework governing the operation of the scheme.

The average completion time for an Appeals Officer's decision is currently 102 calendar days. A second Appeals Officer was appointed on 1 September 2008 to ensure that outstanding appeals are processed as quickly as possible. It is regretted that it was not possible to process this particular appeal prior to the death of the patient in order that she could benefit from any repayment due.