Written answers

Wednesday, 19 June 2013

Department of Social Protection

Social Welfare Appeals Delays

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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131. To ask the Minister for Social Protection the reason an oral hearing regarding an appeal for one parent family payment has still not taken place in respect of a person (details supplied) in County Longford despite the fact that the hearing was initially adjourned due to no fault of the person in question and the undue hardship they are enduring while they await a date for same; and if she will make a statement on the matter. [29597/13]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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The Social Welfare Appeals Office has advised me that an oral hearing, of this case, was scheduled to be heard on 19th February 2013. At the hearing the person concerned, through his solicitor, requested an adjournment of the hearing pending the receipt of his file which had been requested but not yet received. The request for an adjournment was granted.

The Appeals Officer subsequently returned the file to Social Welfare Appeals Office to deal with a Freedom of Information request dated the 5th April 2013. This information was provided to the solicitor of the person concerned on the 24th April 2013.

I have been advised that the case has now been re-listed for an oral hearing to be held as soon as possible and the appellant 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 James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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132. To ask the Minister for Social Protection the reason for the delay in the documentation for an appeal being submitted to the Appeals Office, D'Olier House from the Carer's Allowance Section of the Longford Office in respect of a person (details supplied) in County Longford; and if she will make a statement on the matter. [29598/13]

Photo of Joan BurtonJoan Burton (Dublin West, Labour)
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Carer’s allowance section has been involved in a business process improvement review and backlog elimination programme. New structures and processes were set up to deal with the normal weekly intake of new claims along with a dedicated team to clear the backlog of claims that had built up over the course of 18 months or so. All backlogged claims were actioned by the target date of the end of Q1 2013. New claims being received continue to be processed without delay. The current average time taken to decide new carer’s allowance applications is 8 weeks and this is continuing to reduce.

As a consequence of the very high number of decisions made in the last year, there has been a corresponding substantial increase in the number of appeals being received. Delays in the preparation of claims for appeal are arising as a consequence and this is regretted. Carer’s allowance section is now focussed on reducing the appeals.

With regard to the specific claim mentioned; this department received a claim for carer’s allowance for the person concerned on 6th December 2011. The claim was disallowed on habitual residence grounds and the person in question was notified of this decision and the reason for it on 23rd of July 2012. A letter of appeal was received in August 2012. The claim was reviewed by a deciding officer, who did not change her opinion following her review. The deciding officer forwarded all the relevant claim papers to the Social Welfare Appeals Office (SWAO) for determination on 20th March 2013.

The delays in this case are regrettable. Because of its quasi-judicial nature, the processing of appeals takes time and reflects the fact that, by definition, the appeal process cannot be a quick one.

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