Written answers

Tuesday, 26 May 2009

Department of Social and Family Affairs

Social Welfare Appeals

10:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 315: To ask the Minister for Social and Family Affairs the outcome of an appeal for a person (details supplied) in County Mayo. [21035/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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The claim for disability allowance, by the person concerned, was disallowed by a Deciding Officer of the Department on 04 March 2009 following an examination by a Medical Assessor who expressed the opinion that he was not medically suitable for the allowance. An appeal was opened on 12 May 2009 and I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department has been asked for the documentation in the case and the Deciding Officer's comments on the grounds of the appeal. In that context, an examination by another Medical Assessor will be carried out. The person concerned will be advised when the arrangements have been completed. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 316: To ask the Minister for Social and Family Affairs the average waiting time for decisions on appeals of applications for social welfare payments, divided into all categories; the average time on same for the same period in 2008 and for the same period in 2007; and if she will make a statement on the matter. [21047/09]

Photo of Olwyn EnrightOlwyn Enright (Laois-Offaly, Fine Gael)
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Question 317: To ask the Minister for Social and Family Affairs if her attention has been drawn to the increasing number of social welfare applications going to appeal; the additional measures put in place in the Appeals Office by her to address this increasing number; and if she will make a statement on the matter. [21048/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 316 and 317 together. I am advised by the Social Welfare Appeals Office that during 2008 the number of appeals to that Office increased by 27% over the number received in 2007 and, based on receipts so far in 2009, the Social Welfare Appeals Office project a further increase of 18% for 2009. The details required by the Deputy with regard to the average waiting times for decisions on appeals of applications for social welfare payments, divided into all categories are given in tabular form below.

The processing time for appeals covers all phases of the appeal process including the submission by the Department of its comments on the grounds for the appeal, further examination by the Department's Medical Assessors in certain illness related cases and further investigation by Social Welfare Inspectors where required. Circumstances may also arise 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, also, adjournments may be sought by the appellant or his/her representative.

Having said that, however, I am concerned about processing times for appeals being further increased and, having regard to the current level of appeals awaiting determination, two additional Appeals Officers were appointed in January to the Social Welfare Appeals Office. Furthermore, in the light of the current situation, I am advised by the Chief Appeals Officer that the processes in his Office are being kept under constant review with a view to achieving a more effective throughput of appeals having regard to due process in terms of the rights of appellants and adherence to the requirements of natural justice. While improving processing times remains a major objective of the Social Welfare Appeals Office, it is necessary at all times, given the quasi-judicial nature of the process, 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.

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