asked the Minister for Social Welfare if recipients of workmen's compensation who were not aware of their legal rights to complement it with national health insurance will be paid arrears of the latter on production of medical evidence of their disability during the period they were drawing workmen's compensation.
Ceisteanna—Questions. Oral Answers. - Workmen's Compensation.
40.
In accordance with the Social Welfare (Claims and Payments) Regulations recipients of workmen's compensation, in common with all other disability benefit claimants, are required to give notice of incapacity to my Department within seven days of the commencement of illness. A person who fails to give notice of incapacity within the prescribed time is disqualified for receiving benefit in respect of any period more than seven days prior to the date of notification unless there was good cause for the delay in giving notice, in which case benefit may be paid in respect of a period not exceeding six months prior to the date of claim.
Is the Minister aware that in cases such as those referred to in the question the amount of compensation to which an applicant or workman might become entitled is a matter later determined by a judge, and on that amount is based the amount of national health insurance to which such applicant would be entitled, and will he not agree that until the determination of the amount of compensation by the judge, it would be premature for the applicant to apply for national health insurance? Will he not further agree that the mere production of a medical certificate of incapacity should enable that applicant to become entitled to national health insurance from the date of incapacitation?
No, the applicant can apply straight away, pending the settlement of the workmen's compensation claim.
Is the Minister accepting the statement in the question that the recipients of compensation have a legal right to complement workmen's compensation with national health insurance?
It has been accepted down through the years.
Yes.
Is the Minister aware that there are cases in which when the claim was made, the national health authorities referred the man to workmen's compensation and refused to give it?
This is a balance.
If the amount of disability benefit to which the person concerned would be entitled is greater than the amount of workmen's compensation awarded, he can draw the difference between the two rates.
The Minister has done it by regulation. It is not embodied in the Act. Is that not right?
There would be no need to have it embodied in the Act.