Written answers

Wednesday, 7 October 2009

Department of Social and Family Affairs

Social Welfare Appeals

9:00 pm

Photo of John DeasyJohn Deasy (Waterford, Fine Gael)
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Question 128: To ask the Minister for Social and Family Affairs is she is satisfied with the average time it takes to process social welfare appeals; and if she will make a statement on the matter. [34258/09]

Photo of Jan O'SullivanJan O'Sullivan (Limerick East, Labour)
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Question 139: To ask the Minister for Social and Family Affairs the steps she is taking to ensure greater efficiencies at the Social Welfare Appeals Office; and the amount of savings or the type of efficiencies secured in the past 12 months. [34400/09]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Question 147: To ask the Minister for Social and Family Affairs the steps she is taking to reduce the waiting times for social welfare appeals. [34404/09]

Photo of Mary HanafinMary Hanafin (Dún Laoghaire, Fianna Fail)
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I propose to take Questions Nos. 128, 139 and 147 together.

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

I am advised that there has been a further increase of 39% in the number of appeals received for the first nine months of this year over the corresponding period in 2008 and, while average processing times for 2009 are not yet available, I am concerned they will have deteriorated when compared to the 2008 position.

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, normally 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 addition, adjournments may be sought by the appellant or his/her representative which would have the effect of prolonging the appeal process.

I am very concerned about any deterioration in appeals processing times especially in the light of the 39% increase in appeals received so far this year. In that connection, two additional Appeals Officers were appointed to the Social Welfare Appeals Office in January. Since then, however, four Appeals Officers have retired and I am advised that every effort is being made to have those vacancies filled as a matter of urgency. Furthermore, in the light of the current situation, I am assured by the Chief Appeals Officer that he is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals. In that regard, since the beginning of the year, appeals are being rigorously vetted with a view to increasing the number of cases which can be determined by way of summary decision as opposed to holding an oral hearing. As a result, the number of oral hearings as a proportion of all appeals has fallen from 62% in 2008 to 58% to date this year. In addition, a number of administrative measures have been taken so as to further simplify, streamline and improve the appeals process. The number of appeals finalised so far this year has increased by 14% over the corresponding period last year.

While improving processing times and introducing efficiencies remains a major objective of the Social Welfare Appeals Office, it is necessary at all times, given the quasi-judicial nature of the appeals process, to ensure that progress in this regard is achieved in a manner which is not in conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

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