Dáil Éireann debate -
Tuesday, 1 Mar 1977

Vol. 297 No. 4

Written Answers. - Occupational Injuries Benefit.

39.

Mr. B. Desmond

asked the Minister for Social Welfare if his attention has been drawn to a decision of the Supreme Court (details supplied) in connection with a claim for occupational injuries benefit for a widow; and if he will state (i) the date on which the application for benefit was first made (ii) the amount of benefit payable if the claim had been admitted by his Department (iii) the dates on which the applicant's claim was considered by (a) deciding officers and (b) appeals officers (iv) the dates on which the applicant's claim was before the courts and the decision of the court on each occasion (v) the total legal cost already paid by his Department in respect of this claim and the defendant's costs and plaintiff's costs and (vi) the estimated remaining defendant's costs and plaintiff's costs.

40.

Mr. B. Desmond

asked the Minister for Social Welfare if his attention has been drawn to a decision of the Supreme Court (details supplied) in connection with a claim for occupational injuries benefit for a widow; if he considers it opportune to make arrangements for a review and rectification of the social welfare appeals system; and if it is intended to have inquiries made to ascertain whether similar procedures were adopted in relation to claims made by other applicants.

Minister for Social Welfare (Mr. Corish)

With the permission of the Ceann Comhairle, it is proposed to take Questions Nos. 39 and 40 together.

I am aware of the decision of the Supreme Court referred to by the Deputy which was in relation to an appeal from a decision of the High Court. The Supreme Court directed that a decision of an appeals officer in this case should be declared invalid and that there should be a fresh oral hearing before a different appeals officer with a different medical assessor. A copy of the judgement in question was received in my Department on 24th February, 1977, and is being examined.

The information requested by the Deputy in relation to the claim in question is as follows: (i) the application for benefit was made on 13th December, 1968; (ii) the weekly rates of death benefit under the Occupational Injuries Acts payable to a widow since 13th October, 1968 (the date of death of the widow's husband) was £4.75 from 13th October, 1968; £5.25 from 2nd January, 1970; £6 from 2nd October, 1970; £7 from 1st October, 1971; £7.60 from 6th October, 1972; £8.60 from 6th July, 1973; £10.15 from 5th July, 1974; £12.30 from 4th April, 1975; £12.95 from 3rd October, 1975; £14.25 from 2nd April, 1976 and £14.95 from 1st October, 1976.

The widow in question was, however, paid Widow's (Contributory) Pension from the date of her husband's death to 4th July, 1974, from which date she was awarded an Old Age Contributory Pension which she still receives; (iii) (a) a deciding officer gave his decision on the claim on 14th January, 1969; (b) oral hearings were held by appeals officers on 9th July, 1969 and 12th January, 1972; (iv) Prior to the Supreme Court hearing to which the Deputy has referred, the case was before the High Court on 24th June, 1970, and judgement delivered on 16th December, 1970, when the court directed that the claim be heard again by an appeals officer. The case was again before the High Court on 1st December, 1972, and judgement was delivered on 28th May, 1973, when the court dismissed an application to have the appeals officer's decision set aside; (v) and (vi) Respondent's total legal costs amounted to £809 and £284.41 has been paid in respect of plaintiff's legal costs; no estimate of remaining costs in respect of plaintiff is available.