Dáil Éireann Debate, Tuesday - 31 May 2016
241. Deputy Pearse Doherty asked the Minister for Finance if, with regard to the correspondence supplied, he and the Central Bank believe a person (details supplied) has been treated fairly by the company; the legal avenues open to customers in such cases; and if he will make a statement on the matter. [12739/16]
View answerFirstly, it should be noted that the Central Bank of Ireland has the responsibility for day-to-day regulatory issues, and is statutorily independent in the exercise of these functions.
My officials have consulted with the Central Bank who have advised that the type of plan in question is designed to provide consumers with life cover for their whole life. From the information provided, it would appear that this individual policy does not pay a lump sum on the death of the policy holder.
As long as the policy holder makes regular payments and the payments are sufficient to maintain the chosen benefits, this type of cover will pay out a lump sum in event of critical illness or permanent disability. The regular payment into the plan covers the cost of providing the benefits chosen on the plan. In the early years, the payments are higher than the cost of the policy holder's benefits. The extra money paid goes into the plan fund. Protection benefits get more expensive as policy holders get older; usually as the plan progresses the payments begin to equal the cost of the chosen benefits. In the later years of reviewable protection plans, the cost of the benefits increases significantly. In order to keep the level of benefits at the current level of payments, the difference is made up from the plan fund.
The insurance company carries out regular reviews (the period in which these are completed can be 5 years, 6 years, 10 or 12 years depending on the product) to see if the consumer's regular payment plus any fund that has been built up is enough to cover their chosen benefits for their reviewable protection plan. During a policy review the insurance company may find that the consumer's current level of payments is enough to maintain the level of cover that the consumer wants. The insurance company may also find that the current level of payments is not enough to maintain the level of cover desired by the consumer.
The possible next step for the policyholder to follow is subject to the Consumer Protection Code. The Central Bank's Consumer Protection Code requires firms to act honestly, fairly and professionally in the best interest of consumers, to act with due care and diligence, and it prohibits firms from misleading customer. Firms must make full disclosure of all relevant material information in a way that seeks to inform the customer.
Under the Consumer Protection Code, a consumer must first complain to the regulated entity. If after 40 days the complaint has not been resolved, the customer may refer their complaint to the Financial Services Ombudsman. The consumer in this case should be advised to refer her complaint to the Financial Services Ombudsman (telephone 01 6620899) if she remains unhappy after proceeding through the firm's complaints handling process.
