John Deasy (Waterford, Fine Gael)
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Question 271: To ask the Minister for Social and Family Affairs if she is satisfied with the fact that even though the number of appeal decisions made by an appeals officer following an oral hearing has not increased much over the past five years, the length of time awaiting an oral hearing and the result has increased to an unacceptable level; the way this situation has developed over the past five years with no major increase in hearings by an increase in the number of appeals officers; and if she will make a statement on the matter. [4120/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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Figures for the last 5 years are set out below.

**Allowance is made in the average processing times shown above for the 25% most protracted cases.

As can be seen, the number of appeals received by the Social Welfare Appeals Office in 2009 increased by 46% in 2009 when compared to 2008 and by 85% when compared to 2007.

To deal with this increased workload, two additional Appeals Officers were appointed during 2009. However, the Chief Appeals Officer and 5 experienced Appeals Officers retired during 2009. Although their positions have now been filled, these retirements, when coupled with the serious increase in appeals received, have impacted on the processing of appeals. Because of the quasi-judicial nature and complexity of the work there can be a relatively long lead-in time before Appeals Officers become fully competent to deal with the full range of cases coming to the Office.

Nonetheless, the number of appeals determined by Appeals Officers in 2009 increased from 9,423 in 2008 to 10,027. The number of oral hearings during the same period also increased from 5,599 to 5914.

In relation to processing times, I am advised by the Social Welfare Appeals office that these averages relate to all appeals disposed of. Given the logistics involved in organising oral hearings, including allowing sufficient advance notice to the appellant, it is estimated that the average time to finalise an appeal is increased by about 11 weeks when an oral hearing is involved.

In relation to the issue of decisions, I am advised that, following consideration of all the facts presented at an oral hearing, a decision is issued to the appellant within 4 weeks of the hearing in the vast majority of cases.

The matter of assigning additional Appeals Officers is kept under constant review but any consideration of extra assignments must be taken in the context of overall government policy on civil service numbers.

Also, as I advised in answers to previous questions, the Chief Appeals Officer is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals, while ensuring that any progress does not conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.

John Deasy (Waterford, Fine Gael)
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Question 272: To ask the Minister for Social and Family Affairs the number of cancellations of oral appeal hearings in 2009; the number of these cancellations that were rescheduled; and if she will make a statement on the matter. [4121/10]

Mary Hanafin (Dún Laoghaire, Fianna Fail)
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I am informed by the Social Welfare Appeals Office that the cancellation of oral hearings usually occurs when appellants request a cancellation or fail to show up for their hearings. In either event, it is usual to reschedule the hearing where the appellant indicates that they will be in a position to attend on a different date. Where an appellant indicates they do not wish to attend a hearing or repeatedly fails to attend a scheduled hearing, the Appeals Officer will decide the case on the basis of the information available to him.

In rare cases, hearings may be cancelled by the Social Welfare Appeals Office due to the unavailability of witnesses or other unexpected or unforeseen causes. The information requested by the Deputy with regard to the numbers of cases cancelled and re-scheduled during 2009 is not readily available and the assembly and collation of such information would take time and, of necessity, divert resources away from the processing of appeals which is the top priority of the Office.

Michael Ring (Mayo, Fine Gael)
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Question 273: To ask the Minister for Social and Family Affairs the position regarding an appeal on jobseeker's benefit in respect of a person (details supplied) in County Mayo. [4187/10]

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.