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Dáil Éireann debate -
Tuesday, 23 Apr 1968

Vol. 234 No. 1

Ceisteanna—Questions. Oral Answers. - County Leitrim National Health Payment.

54.

asked the Minister for Social Welfare why his Department have refused to renew national health payments to a person in County Leitrim (name supplied) though his personal doctor refuses to discharge him as being fit for work; if he will give the report of the medical referee who examined him; and if anything can be done to overcome the difference of opinion between the applicant's doctor and the medical referee, as this man is in a pitiful state and not fit for any kind of work.

The person referred to in the question was in receipt of disability benefit continuously from September, 1960 to March, 1966. Payment of benefit was then stopped when examination by a medical referee indicated that he was not incapable of working. His appeal against the disallowance of his claim was rejected by an appeals officer after an oral hearing.

He continued to submit medical certificates of incapacity and was subsequently examined by six different medical referees each of whom expressed the opinion that he was capable of work. He was examined by two different specialists in 1966 and 1967 each of whom was of the same opinion. Copies of their reports were sent to his doctor.

He appealed on four further occasions, testifying personally on three of them, but on each occasion the appeals officer having considered all the available evidence decided that he was not incapable of work and disallowed the appeal.

Would the Minister not consider it desirable to change the wording so that somebody will not be able to evade responsibility by reason of loose wording? The Minister can very easily remedy the position.

The words "commonly" and "usually" are interpreted liberally in favour of the worker. Certainly that has been the position.

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