Vol. 501 No. 6
301 Mr. Perry asked the Minister for Social, Community and Family Affairs if, in the event of a road traffic accident, a disability benefit recipient has to reimburse the State for benefits received for the duration of time the car insurance claim is being settled; his views on whether the legal professionals are the only beneficiaries in this situation and the casualties are the car owners; and if he will make a statement on the matter. [6755/99]
The committee of inquiry into the cost and methods of providing motor insurance, which was established, inter alia, to look at ways in which the cost of motor insurance could be contained, recommended that disability benefit should be taken into account when assessing damages for loss of earnings as a result of a road traffic accident. In its 1982 report, the committee argued that, as loss of earnings can constitute a very substantial proportion of large court awards when assessing damages arising out of road traffic accidents, it was not necessary for the purpose of achieving justice between the parties that an injured person should recover more than their full loss of earnings caused by the motor traffic accident. The committee was of the view that if it was considered that the injured person ought to be compensated over and above their full loss of earnings, then the court had the discretion to award interest on such loss of earnings.
The then Government accepted the committee's recommendation in this regard and decided that provision be made in the 1984 Social Welfare Act for the taking into account of any payment of disability benefit or invalidity pension paid to the injured person in the five years following the accident, in assessing damages in any actions in respect of liability for personal injuries arising from a road traffic accident. This legislative provision is currently contained in section 237 of the Social Welfare (Consolidation) Act, 1993.
302 Mr. Ring asked the Minister for Social, Community and Family Affairs when an appeal for disability benefit will be finalised for a person (details supplied) in County Mayo. [6835/99]
Payment of disability benefit was disallowed in this case by a deciding officer following an examination by a medical assessor who considered that the person concerned was capable of work.
In the context of his appeal against this decision the person concerned was examined by another medical assessor who was also of the opinion that he was capable of work. Following an oral hearing of his appeal on 6 October 1998, and taking account of all the available evidence in the case, an appeals officer decided that he was not incapable of work within the meaning of the Social Welfare Acts and disallowed his appeal.
The appeals officer's decision is final and conclusive in the absence of new evidence or new facts or any change of circumstances since the decision was given. Subsequent to the decision the person concerned wrote to the appeals officer to say that he had omitted to submit a report from his doctor. However, no new evidence was furnished and the appeals officer did not consider that a revision of his decision was warranted.
