State Claims Agency

Dáil Éireann Debate, Friday - 16 September 2016

Friday, 16 September 2016

Questions (291)

Seán Fleming

Question:

291. Deputy Sean Fleming asked the Minister for Finance if the State Claims Agency, when settling cases on behalf of the State including the HSE of medical negligence and agreeing a compensation payment, takes into account the fact that these compensation payments may be considered means by the Department of Social Protection where a person may subsequently be making a claim for a means tested social protection payment; if additional compensation is factored in to allow for the fact that the payment of the compensation may prevent a person receiving a social protection payment that without the compensation payment they would otherwise have been entitled to; and if he will make a statement on the matter. [25548/16]

Written answers

Minister for Finance

The State Claims Agency (SCA) advises me that when settling medical negligence or other personal injury claims taken against the State, they do not, in a manner similar to other indemnifiers and insurers, take into account that the payment of compensation, in such cases, may be considered "means" by the Department of Social Protection, in circumstances where the claimant/plaintiff subsequently applies for a Department of Social Protection allowance/benefit.  The relevant rules as to what constitutes "means" for the purposes of the Department of Social Protection benefits/allowances are set out in:

1. Parts 1,2,3 and 5 of the Third Schedule of the Social Welfare (Consolidation) Act, 2005, as amended; and

2. Chapter 6 of Part 3 of the Social Welfare (Consolidated Claims, Payments and Control) Regulations 2007 (S.I. 142 of 2007), as amended. 

It is not legally permissible for the SCA to increase the level of settlement in any individual case to take account of the effect of a statutory provision which specifies the receipt of compensation to constitute "means" for the purposes of qualification for Department of Social Protection allowances/benefits.  

Finally, the SCA is statutorily mandated by Section 8 of the National Treasury Management Agency (Amendment) Act, 2000 to manage claims in such manner as to ensure that the liability of the State, in relation to claims under its management, is contained at the lowest achievable level.