Written answers

Tuesday, 8 November 2011

Department of Social Protection

Social Welfare Appeals

9:00 pm

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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Question 210: To ask the Minister for Social Protection when a person (details supplied) in County Cork will receive a decision on their invalidity pension appeal; and if she will make a statement on the matter. [32753/11]

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 August 2011. 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 in due course to an Appeals Officer for consideration.

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 Heather HumphreysHeather Humphreys (Cavan-Monaghan, Fine Gael)
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Question 211: To ask the Minister for Social Protection the position regarding an appeal for disability allowance in respect of a person (details supplied) in County Monaghan; and if she will make a statement on the matter. [32758/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that the appeal from the person concerned was referred to an Appeals Officer who proposes to hold an oral hearing in this case.

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 for appeals which require oral hearings and, in order to be fair to all appellants, they are dealt with in strict chronological order.

While every effort is being made to deal with the large numbers awaiting oral hearing as quickly as possible, it is not possible to give a date when the person's oral hearing will be heard, but s/he will be informed when arrangements have been made.

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 Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 212: To ask the Minister for Social Protection if she will expedite an oral hearing in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [32759/11]

Photo of Sandra McLellanSandra McLellan (Cork East, Sinn Fein)
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Question 214: To ask the Minister for Social Protection if she will expedite an oral hearing for carer's allowance in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [32765/11]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 212 and 214 together.

I am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the available evidence disallowed the appeal of the person concerned by way of a summary decision. The person concerned has been notified of the Appeals Officers decision.

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 this case as it was considered that an oral hearing was not warranted.

Following the submission of additional evidence the Appeals Officer has 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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