Vol. 424 No. 1
10 Mr. R. Bruton asked the Minister for Health when he will arrange to have an independent appeals mechanism for persons whose applications for health allowances are turned down; and if he will make a statement on the matter.
I presume the Deputy is referring to an appeals system for unsuccessful applicants for disabled persons maintenance allowance and other cash allowances administered by the health boards. I believe that the introduction of an independent appeals system in such cases would be a desirable development. I am having the matter examined in the context of the commitment in the Programme for Economic and Social Progress to introduce a statutory appeals system for the medical card scheme.
Is the Minister aware of the inconsistencies throughout the health board areas among community welfare officers in terms of the issues they take into account in deciding whether a person is eligible for health allowances? Will he examine the whole process by which these decisions are made so that some consistency can be brought into the system?
I have been aware of those inconsistencies for as long as I have been in this House.
The Minister is now in a position to do something about it.
I am in a position to do something about it and I have examined the matter with a view to setting up an appeals system. There should be a uniform system throughout the country. It is very unfair that while a person in one health board area may qualify for an allowance, in the adjoining health board area a person will fail to qualify. I have told them that I want an appeals system in operation for the medical cards scheme as soon as possible. The same will apply to the others.
Well done.
Many Members in the House will agree that payments such as the DPMA would be more appropriately paid through the Department of Social Welfare where there is already an appeals system. Will the Minister examine this matter? Has any progress been made on payment of DPMA and other payments through the Department of Social Welfare?
I had not thought of it in terms of the Department of Social Welfare. I do not want to shirk my responsibility. I should like to see a uniform, independent system in operation.
The Minister is already doing that.
I appreciate the fact that the Minister recognises the need for an appeals board. However, will he agree that restricting it to medical card holders is not the right way to go about it? Will he also agree that rent supplements, mortgage allowances, medical cards, DPMA, discretionary payments and exceptional need payments are administered by the health boards which have caused confusion to applicants, politicians and officials of the various health boards? We need a board very similar to that of the very succesful appeals board which is administered by the Department of Social Welfare, which would encompass all the various payment schemes.
I agree with the Deputy's remarks and I will look into this matter.
Will the Minister agree it is totally unsatisfactory that the Department of Social Welfare would issue a directive to health board officials — community welfare officers — to delimit their individual flexibility in relation to some payments under the Supplementary Welfare Act? Has the Minister examined this to see whether it is lawful? If so, does he agree with it?
I have been informed that this was done. I have not looked into the matter but I will, especially as it relates to the health boards.
Will the Minister agree that, instead of adding another layer of bureaucracy by setting up independent appeals mechanisms he should ensure that all health boards implement the existing regulations uniformly? Will he ensure that health boards do not make up the laws as they go along? The Minister is aware, from other questions, that under the Infectious Diseases Act, health boards are now referring people with TB to community welfare officers for supplementary welfare allowances, which is contrary to the regulations. Will the Minister instruct the programme managers of community care programmes to ensure that they operate the regulations uniformly?
We will have to implement an appeals system because, no matter how the other scheme is operated, there will be different opinions on it. Maybe the Department of Social Welfare appeals system is the ideal one but certainly a proper appeals system would ensure that everyone is given a fair chance. The present arbitrary system is most unjust and I do not condone it. I hope to have an appeals system in operation as soon as possible.
