The Recovery of Benefits and Assistance (RBA) Scheme recovers the value of certain illness-related social welfare payments from compensation awards made to a person as a consequence of personal injuries claims.
Where a compensator intends making a compensation payment to a person as a consequence of a non-fatal personal injury, the compensator must pay the Minister for Social Protection an amount equal to the illness-related social welfare payments that have also been paid as a consequence of that personal injury. A compensator must pay any recoverable benefits and assistance due to the Minister before making a compensation payment to the injured person.
The amount is recovered from the compensator as they are the liable entity.
The specified benefits recoverable under the RBA Scheme are:
- Illness Benefit
- Partial Capacity Benefit
- Injury Benefit
- Disablement Benefit Incapacity Supplement (that is, the increase of disablement pension payable where a person is permanently incapable of work as a result of an occupational accident or disease and does not qualify for any other social welfare payment)
- Invalidity Pension
- Disability Allowance
- Supplementary Welfare Allowance
The Pandemic Unemployment Payment is not a recoverable benefit under the Scheme.
I trust this clarifies the position for the Deputy.
