David Stanton (Cork East, Fine Gael)
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Question 43: To ask the Minister for Social and Family Affairs the procedures in place for the processing of appeals for jobseeker's allowance and jobseeker's benefit claims; the possibility of appeals decisions being processed initially in local offices to avoid unnecessary delay; and if she will make a statement on the matter. [23152/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Procedures for the processing of all appeals, including appeals for Jobseekers Allowance and Jobseekers Benefit claims are laid down in legislation (Part 10, Chapter 2 of the Social Welfare Consolidation Act, 2005 and the Social Welfare (Appeals) Regulations (SI 108/98)). These provisions require that an appeal against a formal statutory decision by a Deciding Officer of the Department may be made within 21 days of receipt of such a decision, but the Chief Appeals Officer has discretion to extend such period.

I am informed by the Social Welfare Appeals Office that on receipt of an appeal the Department, in accordance with the statutory requirements, is requested to supply the document in the case and the Deciding Officer's comments on the grounds of the appeal. On receipt of these, the case is considered by an Appeals Officer who may decide a case by way of a summary decision based on the documentary evidence or may decide to hold an oral hearing. 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.

An integral feature of the social welfare appeals system is that Appeal's Officers' determinations are made independently of the decisions being appealed. In that context, the question of appeals against jobseeker's benefit and allowance decisions being processed initially in local offices of the Department which are responsible for the decisions in the first place does not arise. However, the legislation offers applicants who are dissatisfied with a decision by a Deciding Officer a right of review of that decision if they can provide new facts or fresh evidence after the original decision on their claim and all applicants who receive an adverse decision are advised of their right to have their claim reviewed.

If revised decisions, deemed satisfactory by the applicant, are made by Deciding Officers in these circumstances, an Appeals Officer's decision is not necessary. If still dissatisfied with the outcome of such a review, an appeal may be made to the Social Welfare Appeals Office which then proceeds in the normal way.

Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 44: To ask the Minister for Social and Family Affairs, further to Parliamentary Question No. 316 of 26 May 2009, the percentage of appeals to the social welfare appeals office upheld divided into all categories from 2007 to date in 2009; and if she will make a statement on the matter. [23173/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The statistics required by the Deputy are attached in tabular form. I am advised by the Social Welfare Appeals Office that the table comprises cases which have been allowed either in full or partially and includes cases which have been determined by Appeals Officers and cases which have been revised by Deciding Officers of the Department (following receipt of an appeal). The very high (100%) or low (0%) percentages for some of the schemes are influenced by the very low numbers of appeals determined for those particular schemes. In fact, in the case of some of the cases with 0%, there may not have been any determinations at all. Percentage of Appeals Allowed and Partially Allowed (by Scheme)