Vol. 559 No. 5
397 Ms McManus asked the Minister for Social and Family Affairs the reason a person (details supplied) in County Wicklow has been refused disablement benefit even though this person qualifies under conditions 4 and 12 of booklet SW33; if she will review the case; and if she will make a statement on the matter. [26657/02]
The person concerned applied for disablement benefit under the occupational injuries scheme on 14 May 2001. The basis for the application was that he had developed carpal tunnel syndrome and repetitive strain injury during the course of his employment as a chef. His application was refused on the grounds that he was not in a prescribed occupation for repetitive strain injury and that carpal tunnel syndrome is not a prescribed disease within the terms of the occupational injuries legislation. He subsequently appealed this decision to the social welfare appeals office. The appeals officer upheld the decision and disallowed the appeal.
His contention that his claim should be allowed by reference to the information in the leaflet to which the Deputy refers was also examined. The medical evidence available to my Department was fully reviewed in this context but a revised decision was not warranted. He was advised accordingly. Following a review of the list of prescribed diseases and employments, the question of adding a number of diseases to the list of prescribed occupational diseases is being examined. Any change in this regard will be in the Social Welfare Bill, 2003. In the light of any changes in this regard, the person's entitlement to disablement benefit will be reviewed and he will be notified directly of the outcome.
He is currently in receipt of unemployment benefit. Under social welfare legislation decisions on claims must be made by deciding officers and appeals officers. These officers are statutorily appointed and I have no role in regard to making such decisions.
Question No. 398 answered with Question No. 392.
399 Mr. P. McGrath asked the Minister for Social and Family Affairs if persons who are in receipt of long-term payments from her Department can, on being elected to the Houses of the Oireachtas, qualify for the back to work allowance as operated by her Department; and if she will make a statement on the matter. [26763/02]
The back to work allowance scheme is designed to encourage long-term unemployed people, lone parents and certain other social welfare recipients to return to work by allowing them to retain part of their social welfare payment when they take up employment or self employment. Election to either of the Houses of the Oireachtas would not be regarded as eligible employment or self employment for the purposes of qualification for the schemes and a person in receipt of a long-term social welfare payment who is elected to the Oireachtas would not qualify for the allowance.
