Skip to main content
Normal View

Dáil Éireann debate -
Tuesday, 19 May 1981

Vol. 328 No. 15

Written Answers. - Compensation for Asbestosis Suffers.

180.

asked the Minister for Social Welfare whether he has under consideration any plans for legislation to provide compensation for persons affected by asbestosis.

For the purposes of the Social Welfare (Occupational Injuries) Acts medical conditions certified as asbestosis are in the majority of cases included within the term "pneumoconiosis". As this is a prescribed disease all persons certified accordingly are regarded as suffering from a prescribed disease.

Injury benefit under the Occupational Injuries Acts is not payable in respect of pneumoconiosis. Disablement benefit under these Acts is, however, payable from the commencement of the claim to persons suffering from such complaints instead of after the expiration of 26 weeks from the date of injury or disease as in the case of other occupational injuries or diseases. In addition, all such persons who are incapable of work are entitled to payment of disability benefit under Social Welfare Acts, concurrently with disablement benefit, from the commencement of the claim provided that they satisfy the contribution conditions for such benefit. Persons who are not qualified for payment of disability benefit are entitled to payment of unemployability supplement which is at the same rate as disability benefit.

While claimants suffering from pneumoconiosis receive less by way of disability benefit than they would ordinarily receive as injury benefit during the first 26 weeks of incapacity, the amount of disablement benefit payable in the majority of cases during this period, in addition to disability benefit, more than compensates for the non-payment of injury benefit. In the circumstances it is not proposed to alter the existing provisions relating to pneumoconiosis.

In certain cases the condition of persons certified for asbestosis may relate to diffuse mesothelioma in which circumstances all the benefits of the occupational injury scheme, including injury benefit, normally apply.

Top
Share