The average length of time taken to deal with all appeals (both summary and oral) by the Social Welfare Appeals Office in 2005 was 20 weeks. If allowance is made for the 25% most protracted cases, the average falls to 13 weeks.
The social welfare appeals process is a quasi-judicial process and it is necessary for the Appeals officer to be satisfied that he/she has all the facts before making a decision on a case. Furthermore, the Appeals officer must give the person making the appeal and the Deciding Officer the opportunity to make their views known on the facts of the appeal.
My Department introduced a right of review in 2002 to ensure that customers who received adverse decisions could have them reviewed in the light of any new evidence they brought forward. Customers whose claims are disallowed or who are otherwise dissatisfied with a decision are advised that they should bring any new facts or evidence to the attention of the Deciding Officer in the first instance for re-examination and, if appropriate, a revised decision. They are informed that this right is in addition to their right of appeal. The right of appeal to the Social Welfare Appeals Office remains an option if the review by the Deciding Officer is not fruitful.
The review process is speedier than the appeals process and in 2005, 3,300 cases were disposed of by way of review.
Any person who is unable to meet their needs and those of their dependants may apply for Supplementary Welfare Allowance from the Health Service Executive. If a person is refused Supplementary Allowance they also, through the Health Service Executive, have a right to appeal to the Social Welfare Appeals Office. These appeals are given priority.
Improving processing times remains a major objective of the Social Welfare Appeals Office.
However, it is necessary at all times to ensure that progress in this regard is achieved in a manner which is not in conflict with the demands of justice and the requirement that every appeal be fully investigated and examined on all its merits.