Dáil Éireann Debate, Friday - 16 September 2016
795. Deputy Michael Healy-Rae asked the Minister for Social Protection the status of an application for illness benefit in respect of a person (details supplied); and if he will make a statement on the matter. [26007/16]
View answerIn accordance with Social Welfare Regulations a claim to Illness Benefit should be made within six months of the commencement of the incapacity. If a claim is made outside this period it can only be considered for payment where the delay in claiming was due to either information received from my Department or the claimant being so incapacitated as to be unable to claim in time.
The person concerned is currently in receipt of illness benefit in respect of work incapacity which commenced on 28 June 2016.
On 3 August 2016 the person concerned informed the Department that they also had been incapable of work during the period from 5 October 2015 to 7 February 2016 and sought payment for this period. A deciding officer held on 8 September 2016, in accordance with the regulations governing late claims, that payment could only be made from 6 months prior to the receipt of the claim i.e. from 3 February 2016.
This decision has been appealed. The case, including medical evidence received, has been referred for review to the Medical Assessor. On receipt of the Medical Assessors opinion, a deciding officer will again review the case. If the deciding officer upholds the decision, the case will then be referred to the independent Appeals Office for consideration.
