Dáil Éireann Debate, Tuesday - 21 October 2008
413 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if and when disability allowance will be awarded in the case of a person (details supplied) in County Cork; and if she will make a statement on the matter. [34510/08]
View answerThe claim of the person concerned for disability allowance was disallowed by a Deciding Officer of the Department on 4 February 2008 following an examination by a Medical Assessor who expressed the opinion that he was medically unsuitable for the allowance. He appealed this decision on 19 February 2008 and, in the context of this appeal, he was examined by a second Medical Assessor on 18 August 2008 who also expressed the opinion he was unsuitable.
I am informed by the Social Welfare Appeals Office that, in the light of this second medical opinion, that Office, on 20 August 2008, decided to afford him an opportunity of setting out the complete and up to date grounds of his appeal and to furnish any further medical evidence he wished to submit in support of his appeal. No reply was received and a reminder issued to him on 9 October 2008. No reply has been received to date.
The Social Welfare Appeals Office is an office of the Department that is independently responsible for determining appeals against decisions on social welfare entitlements.
414 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she has made approaches to countries with which Ireland has a bilateral agreement with a view to speeding up the process of applications; and if she will make a statement on the matter. [35020/08]
View answerThe Department currently has bilateral social security agreements with 7 countries:- Austria, Australia, New Zealand, Canada, United States, Quebec and Switzerland. Liaison procedures to ensure the secure transfer of personal data have been established with each country, and are kept under constant review. Regular contact is maintained by the Department with each agency to ensure the timely and, accurate provision of the required information.
The processing time for claims that fall to be examined under bilateral agreements can be longer than that for standard Irish entitlements, reflecting the added complexity that arises in determining entitlements under these agreements, and the necessity to obtain the relevant insurance details from overseas social security institutions.
Delays in processing applications can occur where a person has had a varied employment history in a number of countries over their working life. Where any such delay occurs there is no loss to the pensioners as payments are made from the due entitlement date. Overall, I am satisfied that the current arrangements and procedures are working effectively and efficiently.
416 Deputy Bernard J. Durkan asked the Minister for Social and Family Affairs if she will introduce a full disability occupational injury payment or equivalent for those affected by pneumoconiosis, if they are deemed to be only partially affected by the illness; and if she will make a statement on the matter. [35022/08]
View answerPneumoconiosis is a prescribed disease for the purpose of the Occupational Injuries scheme administered by the Department. The legislation governing the Occupational Injuries Scheme provides entitlement to benefit for persons suffering from certain prescribed diseases which are listed in the legislation and where that person has contracted that disease in the course of their employment.
Where a person has contracted one of the diseases listed in the legislation, benefits are payable if they were employed in an occupation which is specifically prescribed in relation to that disease or if they can show, to the satisfaction of the Chief Medical Advisor in the Department, that the disease was contracted through an employment not specifically prescribed in relation to that disease.
Employment under a contract of service is insurable for Occupational Injuries Benefit under the Social Welfare Acts. An insured person who contracts pneumoconiosis may qualify for disablement benefit under that scheme, in addition to illness benefit under the general social insurance scheme, subject to meeting the qualifying conditions. Medical assessments are undertaken in all such cases to determine the degree of disablement, which is calculated by comparison of the state of health of the applicant with a person of the same age and gender.
Persons claiming Occupational Injuries Benefit in cases of Pneumoconiosis are referred to Consultant Respiratory Physicians in the first instance for an examination and report. This examination consists of a clinical assessment and pulmonary function testing (PFT). Disablement benefit is awarded on the basis of the consultant's report, including the pulmonary function test result. The degree of disablement is expressed as a percentage of loss of faculty and the compensation payable varies accordingly. Loss of faculty may be determined within a range of less than 1% to 100%, depending on the severity of the condition. Currently, there are 23 people in receipt of disablement benefit as a result of contracting pneumoconiosis arising from their occupation, of which 19 are former coal miners and 4 were in employments prescribed in relation to asbestos. The percentage of disablement assessed in these cases ranges from 8% to 90%. A person must be assessed as having a minimum of 20% loss of faculty before they may be considered as being incapable of work due to their disablement. These arrangements apply generally and there are no plans for special arrangements in the case of pneumoconiosis.
Where a person qualifies for disablement benefit, the rate of benefit increases on an annual basis in line with the normal social welfare budget increases. In addition, where a person feels that his/her condition has deteriorated since the assessment was made under the scheme, it is open to that person to apply for a review of the disablement percentage calculated.
