Brian Hayes (Dublin South West, Fine Gael)
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Question 846: To ask the Minister for Social and Family Affairs when a decision will be made in the case of a person (details supplied) in Dublin 24) who recently lodged an appeal; and if she will make a statement on the matter. [32948/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The requirement to be habitually resident in Ireland was introduced as a qualifying condition for certain social assistance schemes and child benefit with effect from 1 May 2004.

All applicants — regardless of nationality — for the following payments are required to be habitually resident in the State:

Jobseeker's Allowance

State Pension (Non-Contributory for persons aged over 66)

Blind Pension

Widow's, Widower's and Orphan's Non-Contributory Pensions

One-parent Family Payment

Carer's Allowance

Disability Allowance

Supplementary Welfare Allowance (including Rent Supplement)

Domiciliary Care Allowance

Child Benefit

In the first six months of 2009, the number of Irish citizens disallowed welfare payments, based on failure to satisfy the habitual residence condition was 215.

The following table sets out the breakdown by social assistance scheme.

Statistics on the number of Supplementary Welfare Allowance (SWA) claims that do not satisfy the habitual residence condition are not maintained by the various HSE areas. However, it is estimated that approximately 1.5% of all SWA claims are disallowed for HRC reasons.

It is open to any customer who is not satisfied with the decision on their claim to appeal that decision.

Michael Ring (Mayo, Fine Gael)
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Question 847: To ask the Minister for Social and Family Affairs when an appeal for the non-contributory State pension will be finalised for a person (details supplied) in County Mayo. [32962/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.

Pat Breen (Clare, Fine Gael)
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Question 848: To ask the Minister for Social and Family Affairs the status of an application in the case of a person (details supplied) in County Clare; and if she will make a statement on the matter. [32966/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that, in accordance with statutory requirements, the Department was 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 notified when arrangements for the examination 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.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 849: To ask the Minister for Social and Family Affairs when an oral hearing will be arranged in respect of an old age pension application for a person (details supplied) in County Kilkenny in view of the fact that they are waiting since 15 April 2009; and if she will make a statement on the matter. [32969/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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An application for state pension (non contributory), by the person concerned, was disallowed by a Deciding Officer of the Department on 05 January 2009 on the grounds that he did not satisfy the statutory means assessment.

An appeal was opened on 03 March 2009 and, I am advised by the Social Welfare Appeals Office that this case has been referred to an Appeals Officer who proposes to hold an oral hearing. The person concerned will be informed when arrangements have been made.

As regards waiting times, I am advised that the average time taken in 2008 to process all appeals (i.e. those decided summarily and by way of oral hearing) was 22 weeks. However, if allowance is made for the 25% most protracted cases, the average time fell to just over 14 weeks. Those average processing times replicate those for 2007 notwithstanding the fact there was an increase of 27% in the number of appeals received during 2008.

There has been an increase of 32% in the number of appeals received so far this year compared to last year and, having regard to the current volume of appeals awaiting determination, two additional Appeals Officers were appointed to the Social Welfare Appeals Office earlier this year. Furthermore, I am advised that the Chief Appeals Officer is keeping current processes under continuous 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.

The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.