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Dáil Éireann debate -
Wednesday, 28 Oct 1992

Vol. 424 No. 5

Written Answers. - Social Welfare Benefit.

Bernard Allen

Question:

205 Mr. Allen asked the Minister for Social Welfare the reason for the long delay in making a decision on the application made by a person (details supplied) in County Cork who applied for disablement benefit in January 1992 and who has not yet received a decision.

The person concerned claimed disablement benefit under the occupational injuries benefit scheme on 31 January 1992 in respect of occupational deafness. In order to qualify for disablement benefit the deciding officer has to be satisfied that the claimant (1) is suffering from sensorineural hearing loss of at least 50 decibels in each ear and (2) where he has left an employment which is prescribed in respect of the disease, that he was employed in such prescribed employment within five years of the date of claim.

I indicated in a reply to a previous question from the Deputy, Question No. 240 of 30 June 1992, that no decision regarding the claimant's deafness would arise until it was determined whether his employment from 1978 onwards came within the prescribed categories. Accordingly, the claimant was asked about this latter aspect and a letter from his solicitors in the matter was received in response. However, the solicitors also furnished with their letter a consultant surgeon's report which indicated that the claimant failed to satisfy the deafness condition for benefit as described at (1) above. This report was submitted to the deciding officer who decided on the basis of the medical evidence available that the claimant did not suffer from the required degree of deafness necessary to qualify for disablement benefit. He accordingly disallowed the claim.

The claimant was notified of this decision on 23 October 1992. He has also been advised of his right to appeal against the decision if he so wishes.

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