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Dáil Éireann debate -
Wednesday, 5 Jun 1991

Vol. 409 No. 4

Written Answers. - Personal Injury Awards.

Phil Hogan

Question:

42 Mr. Hogan asked the Minister for Social Welfare if he intends to introduce legislation so that health boards can recover payments of supplementary welfare benefit to injured parties as a result of personal injury awards in view of the considerable loss of revenue to health boards arising form such cases; and if he will make a statement on the matter.

Phil Hogan

Question:

184 Mr. Hogan asked the Minister for Social Welfare if he will outline the amount paid through the supplementary welfare benefit scheme by each health board which is not recoverable in cases where an injured party may have recovered damages from an insurance company as a result of an accident; and if he will make a statement on the matter.

I propose to take Questions Nos. 42 and 184 together.

Under existing provisions certain social welfare benefits are taken into account in assessing damages in personal injuries actions. Section 68 of the Social Welfare (Consolidation) Act, 1981 provides that injury benefit payable in the five year period from the cause of the action be taken into account in assessing such damages.

Section 306A of the 1981 Act contains a similar provision in respect of disability benefit, associated pay-related benefit and invalidity pension. These arrangements are designed to ensure that people are not compensated twice for loss of earnings.

People who are involved in accidents and who have no entitlement to social welfare benefits can claim supplementary welfare allowance while they are unfit for work and pursuing compensation claims. There are no provisions in legislation which would allow supplementary welfare allowance paid in these circumstances to be taken into account in assessing compensation.
The question of changing the existing arrangements for recovering social welfare payments from compensation awards arising from personal injuries is being examined by the committee on insurances costs under the auspices of the Minister for Industry and Commerce. The existing legislative provisions will be reviewed in the light of the committee's report.
The information requested on the amount of supplementary welfare allowance not recoverable in cases where recipients have received compensation awards is not available.
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