Joanna Tuffy (Dublin Mid West, Labour)
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Question 404: To ask the Minister for Social Protection if he will expedite an appeal against a decision not to award carers allowance in respect of a person (details supplied) in County Dublin; if he will grant an early oral hearing; the reason in the delay; and if he will make a statement on the matter. [35767/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Payment of illness benefit, to the person concerned, was disallowed by a Deciding Officer following an examination by a Medical Assessor of the Department who expressed the opinion that she was capable of work. An appeal was opened on 10 August 2010 and the Social Welfare Appeals Office has advised me 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.

There was a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There was an increase of a further 44% in the number of appeals received in the first eight months of 2010. These increases have caused delays in the processing of appeals.

A number of initiatives have been put in place to enhance the capacity of the office to deal with the current caseload and inflows. In that regard: · 2 additional Appeals Officers were assigned to the Office in 2009, · A number of additional staff were assigned to the administration area of the Office, · The organisation of the Appeals Officer's work has been changed so as to increase productivity, · A project to improve the business processes in the office was undertaken which has resulted in a number of improvements being implemented, and · Significant enhancements have been made to the office's IT and phone systems.

In addition, it was decided to use experienced retired staff strictly on a short term basis to supplement the current resources and the services of eight retired officers have now been secured on a part-time basis and have been operating since July.

I am assured by the Chief Appeals Officer that she 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.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 405: To ask the Minister for Social Protection if he will expedite an appeal against a decision not to award one parent family payment in respect of a person (details supplied) in County Dublin; if he will grant an early oral hearing; the reason for the delay; and if he will make a statement on the matter. [35769/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Social Welfare Appeals Office has advised me that an appeal by the person concerned was registered in that office on 17 June 2010. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by the Social Welfare Services on the grounds of appeal be sought. When received, the appeal in question will be referred to an Appeals Officer for consideration. As part of this consideration, the Appeals Officer will decide if an oral hearing is appropriate in this case.

There was a 46% increase in the number of appeals received by the Social Welfare Appeals Office in 2009 when compared to 2008, which in itself was 27% greater than the numbers received in 2007. There was an increase of a further 44% in the number of appeals received in the first eight months of 2010. These increases have caused delays in the processing of appeals. A number of initiatives have been put in place to enhance the capacity of the office to deal with the current caseload and inflows. In that regard: · 2 additional Appeals Officers were assigned to the Office in 2009, · A number of additional staff were assigned to the administration area of the Office, · The organisation of the Appeals Officer's work has been changed so as to increase productivity, · A project to improve the business processes in the office was undertaken which has resulted in a number of improvements being implemented, and · Significant enhancements have been made to the office's IT and phone systems.

In addition, it was decided to use experienced retired staff strictly on a short term basis to supplement the current resources and the services of eight retired officers have now been secured on a part-time basis and have been operating since July. I am assured by the Chief Appeals Officer that she 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.

The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements.

Joanna Tuffy (Dublin Mid West, Labour)
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Question 406: To ask the Minister for Social Protection if he will expedite an appeal against a decision not to award carers allowance in respect of a person (details supplied) in County Dublin; if he will grant an early oral hearing; the reason for the delay; and if he will make a statement on the matter. [35770/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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I am advised by the Social Welfare Appeals Office that an Appeals Officer, having fully considered all the evidence, disallowed the appeal of the person concerned by way of summary decision. The legislation provides that an Appeals Officer may decide a case before him/her on the basis of the documentary evidence. This course of action was taken in the case of the person concerned as it was considered that an oral hearing was not warranted.

Under Social Welfare legislation, the decision of the Appeals Officer is final and conclusive and may only be reviewed by the Appeals Officer in the light of new evidence or new facts.

The Appeals Officer has reviewed this case following the submission of further correspondence from the person concerned. However, the Appeals Officer considered that the correspondence contained no new facts or fresh evidence which would warrant a revision of his decision. The person concerned has been notified of the Appeals Officers review. The Social Welfare Appeals Office functions independently of the Minister for Social Protection and of the Department and is responsible for determining appeals against decisions on social welfare entitlements. End of Take