Dáil Éireann debate -
Tuesday, 10 Nov 1998

Vol. 496 No. 3

Written Answers. - Pension Provisions.

Ruairí Quinn

Question:

420 Mr. Quinn asked the Minister for Education and Science if a person (details supplied) in Dublin 6 was informed she would receive a disability pension; the reason the person is not in receipt of this pension; and if he will make a statement on the matter. [22539/98]

Minister for Education and Science (Mr. Martin)

The teacher referred to by the Deputy applied for a disability pension and also, without prejudice to this application, applied for a pension under strand 1 of the early retirement scheme for teachers.

A disability pension is payable only where the chief medical officer for the Civil Service is satisfied, on the basis of the medical evidence, that the applicant is unfit to teach by reason of ill health and that the incapacity is likely to be permanent. In this case, the chief medical officer was unable to make a decision on the basis of the evidence submitted and requested that the teacher be examined by a specialist.

In the meantime, the teacher was notified that her application under strand 1 was successful. The teacher stated that she would accept payment of pension under strand 1 pending a decision on her application for a disability pension. She retired from teaching with effect from 1 January 1998.

Following consideration of the specialist's report, the chief medical officer was unable to recommend payment of a disability pension. The teacher was notified of this decision and was also advised that an appeal could be made in the event of new medical evidence coming to hand.

The teacher appealed and submitted further medical evidence directly to the chief medical officer. Following consideration of all medical evidence, the CMO expressed the opinion that the teacher was not permanently unfit to teach by reason of ill health.

Following her retirement, the teacher was in communication with the Department on many occasions regarding the outcome of her application for a disability pension and, later, regarding the outcome of her appeal. It was made clear to her at all times that the decision would be based on the recommendation of the chief medical officer. She was at no stage informed that her application had succeeded.