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Dáil Éireann debate -
Thursday, 3 Dec 1964

Vol. 213 No. 4

Ceisteanna—Questions. Oral Answers. - Meath Disability Benefit Applicant.

17.

asked the Minister for Social Welfare why an applicant in Kells, County Meath (details supplied) has not been paid disability benefit from the date of the commencement of her illness.

The prescribed time for claiming disability benefit under the Social Welfare Acts is seven days from the commencement of illness. Where notice of illness is not given to my Department within that period the claimant is disqualified for receiving benefit in respect of any period more than seven days before the date on which notice is given unless there was good cause for the delay.

The claimant concerned in the Deputy's question became incapable of work on 21st July, 1964, but failed to notify her illness until 17th September, 1964. As the explanation given by her for the delay in notification does not constitute good cause, payment has only been made from seven days prior to the latter date.

Does the Minister not accept the fact that this girl met with a road accident and was not aware that she would normally qualify for social welfare benefit until the 7th September and that that was good cause why she did not inform the Department earlier?

The Minister for Social Welfare is satisfied that it did not constitute good cause.

I am asking the Minister to answer the question.

I am answering it thar cheann an Aire.

It would be a good idea if an tAire could answer a question like this. I do not think it is good enough to say there was not good cause. The Minister for Social Welfare is not here to answer. Why should somebody who met with an accident and who was not aware that she was entitled to claim benefit be disqualified when she did find out she could claim? When the case was made to the Department of Social Welfare why was it ruled out on the ground that there was not just cause? I should like to know why that is so. I shall be glad if the Minister will have another look at it.

This is a Ministerial function and the Minister for Social Welfare decided that, in view of all the circumstances, it did not constitute good cause.

Surely the Minister for Social Welfare must be aware that the majority of people insured in this country under the Social Welfare Acts are not aware that they can claim benefit if they suffered from an accident and are not entitled to workmen's compensation. This is just one instance and I am sure there are many more where a girl has been deprived of what she is justly entitled to because she did not know and nobody told her. Perhaps the Minister for Lands would like to be helpful.

Ignorance of the law is no excuse.

Ignorance of the law will not buy bread for somebody who has no money.

The Deputy would expect that somebody from the Minister's office should have gone down to tell the girl?

I am aware that on numerous occasions and in similar circumstances that has been allowed. Why is there an exception in this case?

There is no exception.

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