Dáil Éireann Debate, Tuesday - 8 December 2009
320 Deputy John Deasy asked the Minister for Social and Family Affairs the different stages required to process social welfare appeals; the number of social welfare appeals processed in each of the past five years and to date in 2009; the number of appeals decided at each stage of the process in each of the past five years and to date in 2009; and if she will make a statement on the matter. [45482/09]
Amharc ar fhreagra321 Deputy John Deasy asked the Minister for Social and Family Affairs the number of social welfare appeals received from persons in Waterford city and county in each of the past five years and to date in 2009; the number of appeals from persons in Waterford city and county decided at each stage of the appeals process in each of the past five years and to date in 2009; and if she will make a statement on the matter. [45483/09]
Amharc ar fhreagra322 Deputy John Deasy asked the Minister for Social and Family Affairs the average time elapsing from receipt of social welfare appeals from persons in Waterford city and county in 2009 before reaching a decision; and if she will make a statement on the matter. [45484/09]
Amharc ar fhreagra323 Deputy John Deasy asked the Minister for Social and Family Affairs the number of officers assigned to processing social welfare appeals in each of the past three years; the number currently assigned; and if she will make a statement on the matter. [45485/09]
Amharc ar fhreagra324 Deputy John Deasy asked the Minister for Social and Family Affairs the number of oral hearings in respect of social welfare appeals in each of the past three years and to date in 2009; the number of appeals officers assigned to such hearings in each of the past three years; the number assigned at present; and if she will make a statement on the matter. [45486/09]
Amharc ar fhreagraIt is proposed to take Questions Nos 320 to 324, inclusive, together.
The social welfare appeals process is quasi-judicial and the procedures are designed to ensure that every appellant's case gets full and satisfactory consideration. I am advised by the Social Welfare Appeals Office that, on receipt of appeal, it is registered and, in accordance with statutory procedures, the appeal is then forwarded to the Local Office or line section involved to give the Deciding Officer an opportunity to comment on the grounds of appeal put forward by the appellant and to forward the relevant papers pertaining to the case.
At this stage the Deciding Officer has an opportunity to review the decision in favour of the appellant in the light of new facts or evidence that may be produced by the appellant in the grounds of appeal. In cases where the Deciding Officer does not revise the original decision, the papers — comprising the case papers, the appellant's grounds of appeal and the Deciding Officer's rebuttal of these grounds — are assigned to an Appeals Officer who may decide the case summarily, usually where the facts of a case are not in dispute and there is sufficient documentary evidence, or s/he may decide that the case should be dealt with by way of an oral hearing.
There are four ways an appeal may be disposed of — a revised decision by a Deciding Officer; a summary decision by an Appeals Officer, a decision by an Appeals Officer following an oral hearing or the appeal may be withdrawn. The following table sets out the figures in relation to the disposal of appeals for the last 5 years and to date in 2009.
|
Year (Total finalised in brackets) |
Revised decision by DO |
Summary decision by AO |
Decision by AO following oral hearing |
Withdrawn |
|
2004 (14,089) |
3,550 |
2,645 |
6,051 |
1,843 |
|
2005 (13,419) |
3,302 |
2,839 |
5,645 |
1,633 |
|
2006 (14,066) |
3,199 |
3,199 |
5,901 |
1,707 |
|
2007 (13,845) |
3,419 |
3,200 |
5,538 |
1,688 |
|
2008 (15,724) |
4,235 |
3,824 |
5,599 |
2,066 |
|
2009 (15,753)* |
4,338 |
3,877 |
5,476 |
2,062 |
*To date (30/11/09).
I am advised by the Social Welfare Appeals Office that statistics are not maintained on a county by county basis and it is not in a position to supply the information sought by the Deputy in relation to Co. Waterford. The number of Appeals Officer employed in the Social Welfare Appeals Office is, 19 which is a whole time equivalent of 18.4. The corresponding figures were 17 and 16.4 for both 2007 and 2008 and 18 and 17.4 for 2006.
325 Deputy Joanna Tuffy asked the Minister for Social and Family Affairs 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. [45498/09]
Amharc ar fhreagraA carer's allowance appeal, from the person concerned, was opened on 8 September 2009 and, I am advised by the Social Welfare Appeals Office that the relevant Departmental papers and comments of the Department have been received and the case has been referred to an Appeals Officer for consideration. As part of this consideration the Appeals Officer will decide if an oral hearing is appropriate in this case. There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
326 Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45682/09]
Amharc ar fhreagraI 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 early consideration. There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals. The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
327 Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45683/09]
Amharc ar fhreagraAn application for disability allowance, by the person concerned, was refused following an assessment by a Medical Assessor of the Department who expressed the opinion that he was medically unsuitable for the allowance. An appeal was opened and in the context of that appeal, his case was reviewed by a second Medical Assessor who also expressed the opinion that he was medically unsuitable for disability allowance.
I am advised by the Social Welfare Appeals Office that, in the light of this second medical opinion, that office decided to afford the person concerned an opportunity of setting out the complete and up to date grounds of his appeal. In addition to his grounds of appeal the person concerned has submitted additional medical evidence which has been forwarded to the Medical Assessor for his opinion.
The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
328 Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45684/09]
Amharc ar fhreagraThe Social Welfare Appeals Office has advised me that, following receipt of the relevant Departmental papers including comments on the grounds of appeal, the appeal from the person concerned has been referred to an Appeals Officer for consideration.
There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals.
The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
329 Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45685/09]
Amharc ar fhreagraI 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 early consideration.
There has been a 44% increase in the number of appeals received by the Social Welfare Appeals Office to the end of November 2009 when compared to the same period in 2008, which in itself was 27% greater than the numbers received in 2007. This has caused delays in the processing of appeals.
The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
330 Deputy Mattie McGrath asked the Minister for Social and Family Affairs if she will investigate the delay in finalising a social welfare appeal in respect of a person (details supplied) in County Tipperary; when this appeal will be finalised; and if she will make a statement on the matter. [45686/09]
Amharc ar fhreagraI am advised by the Social Welfare Appeals Office that an Appeals Officer having fully considered all the evidence, including that adduced at an oral hearing, disallowed the appeal of the person concerned. The person concerned has been notified of the decision.
The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
331 Deputy Olwyn Enright asked the Minister for Social and Family Affairs the extra staff she has in place to process the backlog of social welfare appeals; the extra measures that are in place to assist in processing of same; and if she will make a statement on the matter. [45693/09]
Amharc ar fhreagraI am informed by the Social Welfare Appeals Office that they currently have 15,752 appeals on hands. This is an increase of 7,600 (93%) on the same period in 2008. This same period has seen the number of appeals received increase from 16,357 in November 2008 to 23,716 to November 2009, an increase of 7,359 (45%).
I am concerned about these increases. In that connection, two additional Appeals Officers were appointed in January of this year. Since then, however, five Appeals Officers have retired and I am advised that the filling of these vacancies are dealt with as a matter of urgency as they arise. The matter of assigning additional Appeals Officers is kept under constant review but any consideration of extra assignments must be taken in the context of overall government policy on civil service numbers.
I am also assured by the Chief Appeals Officer that he is keeping current processes under continuous review with a view to achieving a more effective throughput of appeals. In that regard, since the beginning of the year, appeals are being rigorously vetted with a view to increasing the number of cases which can be determined by way of summary decision as opposed to holding an oral hearing. As a result, the number of oral hearings as a proportion of all appeals has fallen from 60% in 2008 to 58% to date this year. In addition, a number of administrative measures have been taken so as to further simplify, streamline and improve the appeals process. As a result of these measures, the number of appeals finalised so far this year has increased by 13% from 13,928 in the period 1/1/08 to 30/11/08 to 15,753 in the period 1/1/09 to 30/11/09.
While improving processing times and introducing efficiencies remains a major objective of the Social Welfare Appeals Office, it is necessary at all times, given the quasi-judicial nature of the appeals process, to ensure that progress in this regard is achieved in a manner which is not in conflict with due process in terms of the rights of appellants and adherence to the requirements of natural justice.
