Written answers

Thursday, 2 June 2011

Department of Social Protection

Social Welfare Appeals

5:00 pm

Photo of Brendan  RyanBrendan Ryan (Dublin North, Labour)
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Question 89: To ask the Minister for Social Protection if she will expedite an appeal against a decision not to award carer's allowance in respect of a person (details supplied) in County Dublin; if she will grant an early oral hearing; the reason for the delay; and if she will make a statement on the matter. [14045/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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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 16 February 2011. It is a statutory requirement of the appeals process that the relevant Departmental papers and comments by or on behalf of the Deciding Officer on the grounds of appeal be sought. These papers were received in the Social Welfare Appeals Office on 24 May 2011 and the appeal will be referred to an Appeals Officer, in due course, who will decide whether the case can be decided on a summary basis or whether to list it for oral hearing.

There has been a very significant increase in the number of appeals received by the Social Welfare Appeals Office since 2007 when the intake was 14,070 to 2010 when the intake rose to 32,432. This has significantly impacted on the processing time of appeals and, in order to be fair to all appellants, they are dealt with in strict chronological order. In the context of dealing with the considerable number of appeals now on hand, the Department has made a further 9 additional appointments to the office in recent weeks.

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.

Photo of Brendan  RyanBrendan Ryan (Dublin North, Labour)
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Question 90: To ask the Minister for Social Protection if she will expedite an appeal against a decision not to award invalidly pension in respect of a person (details supplied) in County Dublin; if she will grant an early oral hearing; the reason for the delay; and if she will make a statement on the matter. [14050/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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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. Notification of the Appeals Officers decision was issued on 09 February 2011. 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 legislation also 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.

Following the submission of additional evidence the Appeals Officer agreed to review the case. The person concerned will be contacted when the review of her appeal has been finalised.

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.

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