Dáil Éireann debate -
Wednesday, 14 May 2003

Vol. 566 No. 4

Adjournment Debate. - Social Welfare Benefits.

Mr. Durkan

I thank you, a Cheann Comhairle, for affording me the opportunity to raise this matter in the House. It is an issue which arises from time to time where bureaucracy seems to go slightly off the rails. Having served some time in the Department, I can anticipate precisely the Minister's reply.

This applies to a constituent who has suffered from a serious back problem for some time. The reply to my parliamentary question of 7 May was as follows:

The person concerned applied for an invalidity pension on 10 December 2002. He is currently receiving disability benefit of €241.20 per week, including qualified dependant allowance and child dependant allowance in respect of two children.

To qualify for invalidity pension an applicant must be permanently incapable of work and satisfy certain PRSI conditions. The person concerned was examined on 24 February 2003 by a medical assessor of my Department who expressed the opinion that he was currently incapable of work but not permanently so.

As a medical practitioner, the Ceann Comhairle knows what his reaction to that would be. His first reaction would be to ask how long he has been inflicted by the illness. The answer to that question is 15 years, but the medical assessor has decided he is not permanently so. To my mind, if one took into account the number of times he was examined, assessed and put through the system, and saved all that money, it would be better to pay him, because there is no huge difference in the amount of payment. It is merely a question of the category into which he falls. In fact, he could opt for rehabilitative work with the approval of the Department, which might be beneficial to him. However, he cannot do that while he is on disability benefit because he would break his continuity of service and might end up without a qualification for any payment aside from a means-tested payment.

The Minister of State and I know the story. I know what is written in his reply before I see it. I plead with him not to read out what I have just explained to the House. It is a simple matter. The Minister of State needs to give a direction to have the matter reviewed, by way of appeal or whatever the case may be, as soon as possible. I hope this will not go on for another 15 years because I cannot deal with it for much longer.

An Ceann Comhairle

I did not wish to intervene when the Deputy drew me into the debate. The Chair should not be involved.

Dr. McDaid

I am replying on behalf of the Minister, Deputy Coughlan. As always, the last paragraph of the reply is the most important. I must admit, as a medical practitioner, that the Deputy makes a good case.

Mr. Durkan

For a non-medical person.

Dr. McDaid

The parliamentary question referred to concerns a person who is currently in receipt of disability benefit. Disability benefit is a short-term contribution based payment made to qualifying persons who are incapable of work due to illness or disability. The person concerned applied for an invalidity pension on 10 December 2002. To qualify for invalidity pension an applicant must meet the qualifying PRSI contribution conditions and must be permanently incapable of work as defined in legislation.

For the purposes of the legislation, a person shall be regarded as being permanently incapable of work if immediately before the date of claim he or she has been continuously incapable of work for a period of one year and it is shown to the satisfaction of a deciding officer or an appeals officer that he or she is likely to continue to be incapable of work for at least a further year, or he or she is incapable of work and evidence is adduced to establish to the satisfaction of a deciding officer or an appeals officer that the incapacity for work is of such a nature that the likelihood is that the person will be incapable of work for life. The person concerned was examined on 24 February 2003 by a medical assessor of the Department who expressed the opinion that he was incapable of work. However, he did not regard the person concerned as being permanently incapable of work – I find difficulty with this if it has been 15 years – and asked that he be referred again for examination in nine months. In his medical report, the medical assessor indicated that the person concerned did not satisfy the medical criteria for invalidity pension.

To be regarded as being permanently incapable of work in accordance with the legislation, the person concerned would have required a 12-month medical referral. Examinations are conducted in a fair, equitable, impartial and independent manner to the highest standards, in accordance with accepted medical practice and ethics. All reports of examinations carried out by medical assessors are submitted to the Department's chief medical adviser for approval.

The person concerned was refused invalidity pension and was notified of this decision on 26 March 2003, the reasons for it and of his right of appeal to the independent social welfare appeals office. The decision was not appealed but the Deputy's parliamentary question was accepted by the appeals office as an appeal and this will be processed in due course.

The Dáil adjourned at 9.25 p.m. until 10.30 a.m. on Thursday, 15 May 2003.