Bernard Durkan (Kildare North, Fine Gael)
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Question 121: To ask the Minister for Social Protection if an oral hearing will be given in the case of a person (details supplied) in County Kildare in view of new evidence; and if she will make a statement on the matter. [14928/11]

Joan 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 25 November 2010. 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.

I am advised by the Social Welfare Appeals Office that no new evidence has been received to date in that Office to warrant a review of the case by the Appeals Officer. 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.

Kevin Humphreys (Dublin South East, Labour)
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Question 122: To ask the Minister for Social Protection if she will expedite the appeal for reinstatement of a week of disability allowance in respect of a person (details supplied); the reason it has taken nine months for such a request of appeal to be addressed; and if she will make a statement on the matter. [14980/11]

Joan 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 13th September 2010. 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 1st April 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 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 25% in the number of appeals received in 2010. These increases have caused delays in the processing of appeals. In order to be fair to all appellants, oral hearings are arranged in strict chronological order.

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.