Róisín Shortall (Dublin North West, Labour)
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Question 878: To ask the Minister for Social and Family Affairs the reason for the delay in considering an appeal by a person (details supplied) in County Kilkenny; and if she will ensure that the appeal is heard and processed as soon as possible. [33515/09]

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 relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration.

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.

Róisín Shortall (Dublin North West, Labour)
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Question 879: To ask the Minister for Social and Family Affairs the reason for the delay in considering an appeal by a person (details supplied) in County Kilkenny; and if she will ensure that the appeal is heard and processed as soon as possible. [33516/09]

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 relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early consideration.

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.

Paul Connaughton Snr (Galway East, Fine Gael)
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Question 880: To ask the Minister for Social and Family Affairs the position of a carer's allowance appeal by a person (details supplied) in County Galway; and if she will make a statement on the matter. [33571/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that an appeal, by the person concerned, was registered by that Office on 26 September 2009 and in accordance with statutory requirements, the relevant Departmental papers and comments of the Department have been sought in this case. On receipt of its response the case will be referred to an Appeals Officer for early 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.

Bernard Durkan (Kildare North, Fine Gael)
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Question 881: To ask the Minister for Social and Family Affairs when a person (details supplied) in County Kildare first became resident in the State; when they will be deemed resident in the State; and if she will make a statement on the matter. [33574/09]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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The person concerned applied for Disability Allowance on 27 November 2008. His claim was disallowed on 30 January 2009 on the grounds that he was not habitually resident in the State. He was notified of this decision in writing and of his right to appeal to the independent Social Welfare Appeals Office. He subsequently appealed this decision to the Social Welfare Appeals Office. On 2 September 2009, a Social Welfare Appeals Officer found the person concerned to be not habitually resident in the State for the purpose of qualifying for Disability Allowance.

Habitual Residency is a condition which a person must satisfy in order to qualify for certain social welfare assistance payments including disability allowance. This condition took effect from 1 May 2004 and affects all applicants regardless of nationality. Satisfying the Habitual Residency condition is just one of the conditions for receiving certain social welfare assistance payments. A person must also satisfy the other conditions that apply in order to get a payment. The legislation underpinning Habitual Residence is Section 246 of the Social Welfare Consolidation Act 2005, as amended by Section 30 of the Social Welfare and Pensions Act 2007.

The 2007 amendment to Section 246 of the Social Welfare Consolidation Act 2005, incorporates into Irish law 5 factors that have been set down in judgements given by the European Court of Justice as relevant to determining whether a person is habitually resident. These 5 factors are; a person's main centre of interest; the length and continuity of their presence in the Common Travel Area; the length and reason for any absence from the Common Travel Area; the nature and pattern of their employment, if any, in the Common Travel Area and their future intentions to live in the Republic of Ireland as it appears from their particular situation.

The list is not exhaustive, no single factor is conclusive and some factors may have more influence than others, depending on a persons' particular circumstances. It is necessary to weigh up all the information and balance the evidence for and against an applicant satisfying the Habitual residence condition and reach a decision based on the law.