Jan O'Sullivan (Limerick East, Labour)
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Question 94: To ask the Minister for Social Protection when he intends to consolidate the appeals process for supplementary welfare claims from a two-step appeals process to one. [40036/10]

Éamon Ó Cuív (Galway West, Fianna Fail)
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Where a person is not satisfied with a decision in relation to their entitlement to Supplementary Welfare Allowance, they have a right of appeal in accordance with the terms of the Social Welfare Consolidation Act 2005. This provides for the appeal to be considered by an Appeals Officer within the HSE. However, where this appeal is unsuccessful, the appellant can make a further appeal to the Social Welfare Appeals Office (SWAO). It is assumed that this is the two-step appeals process to which the Deputy refers.

The appeals process in the case of the schemes administered by the Department differs in so far as there is only one right of appeal and that is to the Social Welfare Appeals Office. Part of this process involves a review of the case by a deciding officer before it is forwarded to the SWAO. When the Community Welfare Service is transferred to my Department, the HSE Appeals Office will no longer have a role in relation to the Supplementary Welfare Allowance scheme. Instead it is proposed that appealable decisions will be dealt with by the Social Welfare Appeals Office in the same way as for other schemes administered by my Department. The legislation governing Supplementary Welfare Allowance appeals when the Community Welfare Allowance transfer to my Department was provided for in the Social Welfare and Pensions Act 2007. The provision is subject to a Commencement Order.