Written answers

Wednesday, 8 February 2012

Department of Social Protection

Social Welfare Appeals

9:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 95: To ask the Minister for Social Protection the position regarding an appeal against the decision to refuse an application for illness benefit in respect of a person (details supplied) in County Kildare; and if she will make a statement on the matter. [7103/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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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 and in the context of that appeal her case was reviewed by a second Medical Assessor who also expressed the opinion that she was capable of work.

I am advised by the Social Welfare Appeals Office that, following receipt of the grounds of appeal from the person concerned, the relevant Departmental papers and comments of the Department have been sought. On receipt of its response the case will be referred 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 Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 96: To ask the Minister for Social Protection when a decision will issue on an appeal for invalidity pension in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [7104/12]

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 30 September 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 Ciarán LynchCiarán Lynch (Cork South Central, Labour)
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Question 97: To ask the Minister for Social Protection when a decision will be made on an appeal regarding domiciliary care allowance application in respect of a person (details supplied) in County Cork; and if she will make a statement on the matter. [7121/12]

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.

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.

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.

Photo of Tom FlemingTom Fleming (Kerry South, Independent)
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Question 98: To ask the Minister for Social Protection if she will address the delays in the processing of appeals, by appointing additional staff to the appeals office, thus ensuring that all applications can be processed within a reasonable time frame; and if she will make a statement on the matter. [7125/12]

Photo of Tom FlemingTom Fleming (Kerry South, Independent)
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Question 100: To ask the Minister for Social Protection the average waiting time for the processing of appeals relating to carer's allowance, disability allowance, illness benefit, invalidity pension, State pension, job seekers allowance and job seeker's benefit; the steps she is taking to improve the timeframe involved; and if she will make a statement on the matter. [7131/12]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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I propose to take Questions Nos. 98 and 100 together.

A table showing the average processing times in 2011 of appeals for carer's allowance, disability allowance, illness benefit, invalidity pension, state pension, job seekers allowance, and job seekers benefit are given in the attached table.

These processing times are calculated from the registration date of the appeal to the date of its finalisation and include all activities during this period including time spent in the Department for comments by the Deciding Officer on the grounds of appeal put forward by the appellant and any further investigation, examination or assessment by the Department's Inspectors and Medical Assessors that is deemed necessary. A considerable period of time is added to the process when an oral hearing is required because of the logistics involved in this process.

In an effort to reduce the processing times, the Department appointed 9 additional Appeals Officers during 2011 who augmented the 3 appointments made to the Office in 2010. In addition, a further 10 Appeals Officers, formerly employed by the Community Welfare Services (CWS) of the Health Services Executive joined the Office as part of the integration of the CWS appeals services into the Social Welfare Appeals Office. This brings the total number of Appeals Officers to 39.

I am assured by the Chief Appeals Officer that she is keeping the methods of operation by which the Social Welfare Appeals Office conducts its business under constant review, and that the processes are continuously being enhanced to reduce the backlogs in the Office and, overall, to reduce the processing times for dealing with appeals.

2011 average processing times (weeks)Summary Decisions2011 average processingtimes (weeks)Oral Hearings
Carers Allowance31.357.9
Disability Allowance27.455.6
Illness Benefit38.259.8
Invalidity Pension36.458.9
State Pension (Contributory)24.955.3
State Pension (Non-Cont)20.654.6
Jobseeker's Allow (Means)18.054.8
Jobseeker's Allowance23.847.9
Jobseeker's Benefit15.134.0

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