The illness benefit scheme is based on legislative and medical requirements.
The operational guidelines in respect of the scheme are available in full on my Department’s website at www.welfare.ie.
Appeals Officers are statutorily appointed by the Minister for Social Protection to act as independent administrative tribunals and are required to exercise their functions in a quasi-judicial manner. In determining an appeal an Appeals Officer does not have recourse to guidelines but rather considers an appellant’s entitlement in accordance with the governing legislation.
An Appeals Officer must decide, taking account of all of the evidence presented, including medical evidence, on the impact of a person’s illness/disability, on his/her capability for work; on whether a person is substantially restricted within the meaning of the Social Welfare Acts from taking up full time employment.