asked the Minister for Health whether he is aware that, owing to the rigid interpretation of Section 44 of the Health Act, 1947, in County Kerry, 90 per cent. of T.B. claims under Infectious Diseases (Maintenance) Regulations, 1948, are excluded from any assistance under the Act; and, if so, whether he will take steps to remedy the position at the earliest possible date.
Ceisteanna—Questions. Oral Answers. - “T.B.” Claims in Kerry.
I am not aware that the position in County Kerry is as stated by the Deputy.
Applicants for allowances under the Infectious Diseases (Maintenance) Regulations, 1948, whose claims have been disallowed by health authorities on the ground of ineligibility, have a right of appeal to me. If the Deputy will furnish me with particulars of any such cases in County Kerry, I shall be only too glad to investigate them fully.
Mr. Flynn
Arising out of the Minister's reply, is the Minister aware that patients who have been in a sanatorium and subsequently examined have been ruled out on the ground that the disease is no longer active? I want the Minister to amend the section so that these patients will receive the same concession during their period of convalescence or when they are out of the sanatorium and receiving treatment in their homes.
In reply to the Deputy's supplementary question, these allowances are made in respect of patients suffering from a disease which incapacitates them from work. If it is the doctor's opinion that the disease prevents them from working they are entitled to receive the allowances. During the time between their return from the sanatorium and the time when they are again fit to work they can receive the allowances. It is not necessary that a patient should be in a sanatorium in order to receive the allowance.
Mr. Flynn
Is the Minister aware that there have been cases in County Kerry where patients were precluded from getting the allowance simply because the doctor certified that the disease was no longer active? On re-examination some were found to be acute cases because the disease had become active again. That is the type of case for which we want this amending legislation.
The Deputy will appreciate that these allowances are not a form of social welfare. They are for people who are incapacitated from work through illness. If the disease is no longer active in the opinion of the doctor — the doctor, of course, can err like anybody else — they are no longer eligible for the allowances. Should the disease become active again the patients become eligible again for the allowances. I do not think anything further can be said on that.